GIFT  OF 

k,  H. 


ELECTION 


STATE  OP  WYOMING 


(Nineteen    Hundred    and    Six 


PRIMARY,  REGISTRATION 

AND 


ELECTION  LAWS 


and  EXTRACTS  from 


CONSTITUTION 

of  ike 


STATE  OF  WYOMING 


Published  by  Anthnn'ty  ;i-,d'  I'IH'I •••' 
thf    Supervision    and    I>1r  vlion    or 

FKX1MORK 

SKCUKTARV 


Wyo..    |CKJ<).  <',  KRKKE,    Till:    OriCK    HOOK 

AND  Joi!  PRINTKH 


CH.   i 


GKNKRAI,  ELECTlONvS 


2195 


DIVISION  ONE 


TITLE  IV.    ELECTORS  AND  ELECTIONS 


Sec.   195. 

Sec.  196. 
Sec.  197. 

Sec.  19*. 
Sec.  199. 
Sec.  200. 
Sec.  201. 
Sec.  202. 


CHAPTER 
CHAPTER 

CHAPTER 

CHAPTER 

CHAPTER 

CHAPTKR 

CHAPTER 

CHAPTER 

CHAPTER 

CHAPTER 

CHAPTER 

CHAPTER   12. 

CHAPTER   rv 


1 1. 


GENERAL  EJECTIONS. 
SPECIAL  ELECTIONS. 
NOMINATIONS. 

ELECTION  DISTRICTS  AND  POLLING    PRECINCTS. 
REGISTRATION. 

JUDGES  AND  CLERKS  OF    ELECTION. 
BALLOTS. 

CONDUCT  OF  ELECTIONS. 
CANVASS  AND  RETURNS  OF   ELECTION- 
ELECTION  CONTESTS. 
GENERAL  PROVISIONS. 
MUNICIPAL  ELECTIONS. 
ELECTION  OFFENSES. 


CHAPTER  I 

GENERAL  ELECTIONS 


Time    of  general  elections — What 

officers  elected. 
Presidential  electors. 
Representatives    in   congress   and 

members  state  legislature. 
.State  officers. 
Vacancy  in  state  office. 
Justices  of  supreme  court. 
District  judges. 
County  officers  to  be  elected. 


Sec.  203.     Who  may  vote. 

Sec.  204.  Proclamation  of  election  by  county 
commissioners. 

Sec.  205.  Posting  and  publishing  proclama- 
tion of  election. 

Sec.  206.  Secretary  of  state  shall  notify 
boards  of  county  commissioners 
of  state  officers  to  be  elected. 

Sec  207.  County  clerk  shall  furnish  election 
supplies — Copy  of  election  laws. 


TIME  OF  GENERAL  ELECTIONS— WHAT  OFFICERS  ELECTED. 

SEC.  195.  There  shall  be  held  in  the  several  voting  precincts  of 
Wyoming,  on  the  Tuesday  next  after  the  first  Monday  in  November, 
in  the  year  eighteen  ninety-two,  and  on  the  Tuesday  next  after  the 
first  Monday  in  November  in  each  second  year  thereafter,  a  general 
election,  at  which  the  following  officers  shall  be  elected:  A  represent- 
ative or  representatives  in  congress,  members  of  the  senate  and  house 
of  representatives  of  the  state  from  each  county  as  provided  by  law, 
and  to  which  such  county  may  be  entitled,  and  all  state  and  district 
executive  and  judicial  officers  which  are  made  elective  by  law,  when- 
ever there  is  a  vacancy  in  any  state  or  district  executive  or  judicial 
office,  or  whenever  subsequent  to  such  election  and  prior  to  the  next 
general  election,  any  state  or  district  executive  or  judicial  offices  shall 
become  vacant  by  reason  of  the  termination  of  the  terms  of  office  of 
the  incumbents  therein,  provided,  however,  that  whenever  a  vacancy 
in  any  state  or  district  office  as  aforesaid  shall  occur,  less  than  twenty- 
five  days  prior  to  such  election,  then,  in  that  case,  at  such  election  no 
person  shall  be  elected  to  fill  such  vacancy. 

[S.  L.  189091,  Ch.  100,  Sec.  i.] 
In  re  Moore,  4  Wyo.  98. 


3 


257191 


^196  KLKCTORS  AND  ELECTIONS  1)1  V.    i     Tly.  4 

PRESIDENTIAL  ELECTORS. 

SEC.  196.  At  the  general  election  held  in  the  year  nineteen  hun- 
dred and  at  the  general  election  held  every  fourth  year  thereafter, 
there  shall  be  elected  the  number  of  electors  of  and  for  the  president 
and  vice  president  of  the  United  States  of  America,  to  which  this  state 
mav  be  entitled. 

[S.  L.  1897,  Ch.  53,  Sec.  i.] 

REPRESENTATIVES  IN  CONGRESS   AND   MEMBERS   STATE  LEGISLA- 
TURE. 

SEC.  197.  At  each  of  said  elections,  there  shall  also  be  elected 
as  many  representatives  in  congress,  as  may  be  apportioned  by  con- 
gress to  this  state,  and  in  each  county,  such  state  senator  or  state  sen- 
ators, as  the  said  county  may  be  entitled  to  by  law,  and  as  should  be 
elected  at  such  election,  and  also  such  representative  or  representatives 
in  the  legislature  of  this  state,  as  such  county  as  a  representative  dis- 
trict shall  be  entitled  to  by  law. 

[S.  L.  1890-91,  Ch.  68,  Sec.  3.] 

STATE  OFFICERS. 

SEC.  198.  At  the  general  election  held  in  the  year  one  thousand 
eight  hundred  and  ninety-four,  and  at  the  general  election  held  every 
fourth  year  thereafter,  there  shall  be  elected  a  governor,  a  secretary 
of  state,  an  auditor,  a  treasurer,  a  superintendent  of  public  instruc- 
tion, and  such  other  state  officers  as  are,  or  may  be,  created  by  law 
and  made  elective,  whose  election  shall  occur,  or  ought  to  occur,  at 
such  general  election. 

[vS.  L.  1890-91,  Ch.  68,  vSec.  6.] 
In  re  Moore,  4  Wyo.  98. 

VACANCY  IN  STATE  OFFICE. 

SEC.  199.  At  each  of  said  general  elections  there  shall  also  be 
elected  such  state  officers  as  may  be  required  to  be  elected  to  fill  any 
vacancy  occurring  by  operation  of  law,  or  the  constitution  of  »this 
state,  including  any  vacancy  or  vacancies  in  the  office  of  justice  of  the 

supreme  court. 

[S.  L.  1890-91,  Ch.  68,  Sec.  4.] 
In  re  Moore,  4  Wyo.  98. 

JUSTICES  OF  SUPREME  COURT. 

SEC.  200.  Justices  of  the  supreme  court  shall  also  be  elected  at 
such  general  election  as  shall  occur  next  preceding  the  expiration  of 
their  respective  terms,  whether  the  same  shall  be  for  full  terms,  or  to 
fill  a  vacancy  or  vacancies  in  an  unexpired  term. 

[S.  L.  1890-91,  Ch.  68,  Sec.  7.] 

DISTRICT  JUDGES. 

SEC.  201.  At  the  general  election  held  in  the  year  A.  D.  eight- 
een hundred  and  ninety-six,  and  at  the  general  election  held  every 
sixth  year  thereafter,  there  shall  be  elected  in  each  judicial  district  in 
this  state  one  judge  of  the  district  court  for  such  judicial  district,  and 
in  case  of  a  vacancy  occurring  in  the  said  office  of  a  judge  of  the  dis- 
trict court,  .in  any  judicial  district  of  this  state,  either  as  now  or  as 


CH.  i  GRNKRAI,  ELECTIONS  ^202 

hereafter  constituted,  for  any  cause  whatever,  such  vacancy  shall  be 
filled  at  the  general  election,  when  such  vacancy  shall  be  required,  to 
be  filled  by  law  or  the  constitution  of  this  state. 

[S.  L.  1890-91,  Ch.  68,  Sec.  8.] 

COUNTY  OFFICERS  TO  BE  ELECTED. 

SEC.  202.  The  following  county  and  precinct  officers  shall  hold 
their  office  by  election;  and  there  shall  be  held  in  the  several  voting 
precincts  of  this  state,  on  the  Tuesday  next,  following  the  first  Mon- 
day of  November,  in  the  year  of  our  Lord,  one  thousand  eight  hun- 
dred and  ninety-two,  and  on  the  Tuesday  next  following  the  first 
Monday  in  November,  in  each  second  year  thereafter,  a  general  elec- 
tion at  which  the  following  county  and  precinct  officers  shall  be 
elected: 

The  clerk. 

The  commissioners. 

The  surveyors. 

The  sheriff. 

The  county  treasurer. 

The  county  and  prosecuting  attorney. 

The  superintendent  of  schools. 

The  assessor. 

The  coroner. 

The  justices  of  the  peace. 

The  constables. 

The  clerk  of  the  district  court  for  each  county,  whenever  his 
term  of  office  shall  expire  before  the  next  general  election,  or  when- 
ever a  vacancy  therein  is  to  be  filled,  and  such  other  county  and  pre- 
cinct officers  which  may  be  created  and  made  elective  by  law.  In 
counties  having  an  assessed  valuation  not  exceeding  five  million  dol- 
lars, the  county  clerk  shall  be  ex-officio  clerk  of  the  district  court,  and 
shall  perform  all  the  duties  pertaining  to  the  office  of  clerk  of  the  dis- 
trict court,  but  shall  receive  no  additional  or  separate  compensation 
therefor. 

[8.  L.  1890-91,  Ch.  100,  Sec.  3.     S    L.  1895,  Ch.  73,  Sec.  i.] 
[S.  L.  1899,  Ch.  65,  Sec.  5.       S.  L.  1890-91,  Ch.  68,  Sec.  i.J 

WHO  MAY  VOTE. 

SEC.  203.  Except  as  hereinafter  provided,  every  person  shall  be 
qualified  and  entitled  to  vote,  who  is  a  citizen  of  the  United  States, 
and  over  the  age  of  twenty-one  years,  and  wrho  has  been  a  bona  fide 
resident  of  Wyoming  for  one  year,  and  of  the  county  wherein  his  res- 
idence is  located,  sixty  days  next  preceding  the  election  at  which  he 
votes,  and  who  shall  be  able  to  read  the  constitution  of  this  state,  and 
who  has  complied  with  the  provisions  of  this  act.  Provided,  how- 
ever, that  any  person  prevented  by  physical  disability  from  being 
able  to  read  the  constitution  of  this  state,  shall  not  for  that  reason, 
while  laboring  under  such  disability,  be  deprived  of  his  right  to  vote; 
Provided,  further,  that  any  person  who  is  a  citizen  of  the  United 
States  and  who  was  a  qualified  elector  in  Wyoming  on  the  tenth  day 
of  July  in  the  year  eighteen  hundred  and  ninety,  and  who  has  since 


$204  ELECTORS  AND  ELECTIONS  DIV.  i     TIV.  4 

then  continued  to  be  a  resident  of  this  state,  and  has  complied  with, 
the  provisions  of  this  title  concerning  registration,  shall  continue  to 
be  an  elector  of  this  state. 

[S.  L.  1897,  Ch.  53,  Sec.  3.     S.  L.  1890-91,  Ch.  100,  Sec.  4.] 

PROCLAMATION  OF  ELECTION  BY  COUNTY  COMMISSIONERS. 

SEC.  204.  The  board  of  county  commissioners  of  the  several 
counties  shall  issue  a  proclamation  at  least  thirty  days,  if  possible, 
prior  to  any  general  or  special  election  to  be  holden  within  their  re- 
spective counties,  except  as  otherwise  provided  in  this  title,  setting 
forth  the  names  of  all  the  offices  to  be  filled  at  such  election,  and  the 
number  of  persons  required  by  law  to  fill  such  offices  or  vacancies  oc- 
curring under,  the  law  in  such  offices. 

[S.  L.  1890,  Ch.  80,  vSec.  40.] 

POSTING  AND  PUBLISHING  PROCLAMATION  OF  ELECTION. 

SEC.  205.  The  county  commissioners  of  the  several  counties 
shall  cause  such  proclamation  to  be  posted  in  a  conspicuous  place  at 
every  postoffice  within  their  respective  counties  and  shall  also  cause 
the  same  to  be  published  in  the  official  paper  of  their  respective  coun- 
ties— if  there  be  one — at  least  twenty  days,  if  possible,  before  the  en- 
suing election. 

[S.  L.  1890,  Ch.  80,  vSec.  41.] 

SECRETARY  OF  STATE  SHALL  NOTIFY  THE   BOARDS  OF   COUNTY 
COMMISSIONERS  OF  STATE  OFFICERS  TO  BE  ELECTED. 

SEC.  206.  The  secretary  of  state  shall,  between  the  first  and  fif- 
teenth day  of  September  in  each  year,  in  which  a  general  election  is 
to  be  held,  make  out  and  cause  to  be  delivered  to  the* board  of  county 
commissioners  of  each  county  a  notice,  in  writing,  stating  what  offi- 
cers, other  than  county  and  precinct  officers,  are  to  be  elected  at  such 
general  election  and  voted  for  in  the  several  counties. 

[S.  L.  1897,  Ch.  53,  Sec.  9.] 

COUNTY    CLERK    SHALL    FURNISH    ELECTION    SUPPLIES-COPY    OF 
ELECTION  LAWS. 

SEC.  207.  The  county  clerk  shall  provide  at  the  expense  of  the 
county,  proper  ballot  boxes,  poll  books  and  other  necessary  election 
blanks,  official  ballots  as  hereinafter  provided,  also  the  election  laws 
of  Wyoming  in  separate  pamphlet  form  for  each  voting  precinct  and 
election  district  in  the  county  and  cause  a  suitable  number  thereof  to 
be  delivered  to  the  judges  of  election  of  each  voting  precinct  at  least 
ten  days,  if  possible,  before  any  election  is  to  be  held  within  his 

county. 

[S.  I,.  1890,  Ch.  80,  Sec.  55.] 


CH.  2  SPECIAL  ELECTIONS 


CHAPTER  2 

SPECIAL  ELECTIONS 


Sec.  208.     Special  elections— How  conducted. 

Sec.  209.     Special  elections — When  held. 

Sec.  210.  Member  of  congress — Special  elec- 
tion for. 

Sec.  211.  Member  of  congress — Notice  of  va- 
cancy in  office. 

Sec.  212.  Members  of  legislature  —  Special 
election  to  fill  vacancy. 

Sec.  213.  .Special  general  elections  on  ques- 
tions to  be  decided. 


Sec.  214.  County  commissioners — Duties  of 
—.Special  elections. 

Sec.  2i.s.  Special  county  elections  shall  bt 
ordered  by  county  commissioners. 

Sec.  216.  Contents  of  order  for  special  elec- 
tion— Time  of  order. 

Sec.  217.  Vacancy  in  office— Who  determines 
fact  ot. 

Sec.  218.  Who  may  vote  at  special  elec- 
tions. 


SPECIAL  ELECTIONS-HOW  CONDUCTED. 

SEC.  208.  Special  elections  shall  be  conducted,  and  the  results 
thereof  canvassed  and  certified,  in  all  respects  as  near  as  practicable, 
in  the  same  manner  as  in  general  elections,  except  as  otherwise  spec- 
ially directed. 

[vS.  L.  1890,  Ch.  80,  Sec.  4.] 

SPECIAL  ELECTIONS- WHEN  HELD. 

SEC.  209.  Special  elections  shall  be  held  in  the  following  cases 
and  for  the  election  of  the  following  officers: 

First — When  there  has  been  no  choice  at  the  general  election,  of 
any  officer,  not  a  precinct  officer,  who  should  properly  have  been  chos- 
en at  such  general  election,  except  as  otherwise  provided  by  law. 

Second — When  the  rights  of  a  person  elected  to  the  office  of  mem- 
ber of  the  senate  or  member  of  the  house  of  representatives,  shall 
cease  by  death,  or  otherwise,  before  the  commencement  of,  or  during 
the  term  for  which  he  shall  have  been  elected. 

[S.  L.  1890,  Ch.  So,  vSec.  3.] 
State  ex  rel  Richardson  vs.  Henderson,  4  Wyo.  535. 

MEMBER  OF  CONGRESS— SPECIAL  ELECTION  FOR. 

SEC.  210.  When  any  vacancy  shall  occur  in  the  office  of  repre- 
sentative in  congress  more  than  sixty  days  prior  to  any  general  elec- 
tion, the  governor  may  issue  an  order  of  election  to  the  board  of 
county  commissioners  of  the  several  counties,  appointing  a  day  to 
hold  a  special  election  to  fill  such  vacancy. 

[S.  L.  1890,  Ch.  80,  Sec.  4<S.| 

MEMBER  OF  CONGRESS-NOTICE  OF  VACANCY  IN  OFFICE  OF. 

SEC.  211.  If  any  vacancy  shall  exist  in  the  office  of  representa- 
tive to  congress,  one  month,  if  possible,  before  such  election,  the  sec- 
retary of  state  shall  give  notice  in  writing  to  the  board  of  county  com- 
missioners of  each  count}',  specifying  the  cause  of  such  vacancy,  the 
name  of  the  officer  in  whose  office  it  occurred  and  the  time  when  his 
term  of  office  would  have  expired. 

[S.  L.  1890,  Ch.  Ho,  Sec.  49.) 


^212  ELECTORS  AXI)  ELECTIONS  DIV.  i     TL.  4 

MEMBERS  OF  LEGISLATURE-SPECIAL  ELECTION  TO  FILL  VACANCY, 
SEC.  212.  Whenever  a  vacancy  shall  occur  in  the  office  of  any 
member  of  the  senate  or  house  of  representatives,  the  county  clerk  of 
the  county  or  counties  in  which  the  member  whose  office  is  vacant  re- 
sided, shall  immediately  notify  the  governor  of  such  vacancy,  where- 
upon the  governor  shall  issue  an  order  of  election  to  the  board  of 
count}-  commissioners  of  the  count}-  or  counties  in  which  the  vacancy 
is  to  be  filled,  upon  which  an  election  shall  be  held  to  fill  such  va- 
cancy; but  unless  the  legislature  shall  be  in  session  at  the  time  the 
vacancy  occurs,  or  there  shall  be  a  session  between  the  time  at  which 
the  vacancy  occurs  and  the  next  general  election,  no  special  election 
shall  be  ordered  to  fill  such  vacancy. 

[S.  L.  1890,  Ch.  So.  Sec.  50.] 

SPECIAL  GENERAL  ELECTIONS  ON  QUESTIONS  TO  BE  DECIDED. 

SEC.  213.  Whenever  any  question  is  to  be  brought  before  and 
decided  by  the  electors  of  Wyoming,  the  governor  may  call  a  special 
election,  which  shall  be  conducted  the  same  as  a  special  election  called 
to  fill  a  vacancy  in  the  office  of  representative  in  congress. 

[S.  L.  1890,  Ch.  So,  Sec.  46.  j 

COUNTY  COMMISSIONERS-DUTIES  OF-SPECIAL  ELECTIONS. 

SEC.  214.  The  board  of  county  commissioners  of  each  county 
shall  make  all  adequate  provisions  for  elections  ordered  by  the  gov- 
ernor, and  shall  carry  out  all  the  provisions  of  law  concerning  special 
elections,  the  same  as  if  the  elections  had  been  called  by  the  said 
board. 

[S.  L.  1890-91,  Ch.  roo,  Sec.  14,  Sub.  i .] 

SPECIAL    COUNTY    ELECTIONS    SHALL  BE   ORDERED   BY   COUNTY 
COMMISSIONERS. 

SEC.  215.  All  special  electibns  for  county  and  precinct  officers, 
shall  be  ordered  by  the  county  commissioners,  which  order  shall  be 
countersigned  by  the  clerk  of  the  board  of  count}'  commissioners. 

[S  "L.  1890,  Ch.  So,  Sec.  53 •] 

CONTENTS  OF  ORDER  FOR  SPECIAL  ELECTIONS-TIME  OF  ORDER. 

SEC.  216.  Every  order  issued  for  a  special  election  shall  specif  y 
the  county  or  district  in  which  such  election  is  to  be  held,  the  reason 
for  the  special  election,  the  name  of  the  office  to  be  filled,  the  time 
when  the  term  of  office  will  commence,  and  the  day  on  which  such 
election  is  to  be  held,  which  shall,  if  possible,  not  be  less  than  twenty 
days  from  the  date  of  the  order  of  election. 

[S.  L.  1890,  Ch.  So.  Sec.  54.] 

VACANCY  IN  OFFICE- WHO  DETERMINES  FACT  OF. 

SEC.  217.  Whenever  it  is  alleged  that  a  vacancy  in  any  office 
exists,  the  officer,  court,  or  county  board  whose  duty  it  is  to  fill  the 
vacancy  by  appointment  or  to  order  an  election  to  fill  such  vacancy. 
shall  have  power  to  determine  whether  or  not  the  facts  occasioning 

such  vacancy  exist. 

[S.  I..  1890,  Ch.  So,  Sec.  47. \ 
State  ex  rel  Miller  vs.  Harber,  4  Wyo.  400. 

8 


CII.    2 


NOMINATIONS 


WHO  MAY  VOTE  AT  SPECIAL  ELECTIONS. 

SKC.  218,  All  persons  who  have  registered  either  during  the 
registration  period  immediately  preceding  a  special  election,  or  a  mu- 
nicipal election,  or  who  have  registered  less  than  two  years  before 
such  election,  during  a  regular  registration  period  for  county  elec- 
tions, or  during  any  special  or  municipal  registration  period,  subse- 
quent to  such  regular  county  election,  shall  be  entitled  to  vote  at  such 
special  election,  or  municipal  election  as  the  case  may  be,  in  the  pre- 
cinct in  which  they  registered.  The  provisions  of  this  title  shall  ap- 
ply to  all  special  elections  and  municipal  elections. 

[S.  L.  1895,  Ch.  77,  Sec.  i.] 


CHAPTER  3 

NOMINATIONS 


Sec.  219. 
Sec.  220. 

Sec.  221. 

.Sec.  222. 

.Sec.  223. 

Sec.  224. 

Sec.  225. 

Sec  226. 
Sec.  227. 
Sec.  228. 
Sec.  229. 
Sec.  230. 
Sec.  231. 


or    primary   meeting 


Convention 

defined 
Application  of  law — How  meetings 

shall  be  called. 
Officers  of  meeting 
When  ballot  shall  be  taken. 
Challenge  of  voters. 
Preservation  of  ballots. 
Regulations    may   be   adopted   by 

primary. 
Nominations  of  candidates  may  be 

bv  convention  or  primarv. 
Certificate  of   nomination  by  con- 
vention or  primary. 
How  candidates  may  be  nominated 

outside  of  convention. 
Certificate    of     nomination     shall 

name  but  one  candidate. 
Certificate  of  nomination  shall  be 

verified  by  path. 
Certificate  of  nomination  shall  be 

preserved  one  year. 


Sec.  232. 
Sec.  233. 

Sec.  234. 
Sec.  235. 
Sec.  236. 
Sec.  237. 

Sec.  238. 
Sec.  239. 

Sec.  240. 
Sec.  241. 

Sec.  242. 
Sec.  243. 


Places  for  filing  certificates  of 
nomination. 

Time  for  filing  certificates  of  nom- 
ination. 

Declination  of  nomination. 

Vacancies  in  lists  of  nominees. 

Filling  vacancy. 

Filling  vacancies  in  lists  of  nom- 
inees. 

Secretary  of  state  shall  certify 
substitute  nominees. 

Filling  vacancies  after  ticket 
printed — Stickers. 

A  "sticker"  defined. 

Notice  of  questions  to  be  submitted 
to  vote. 

Secretary  of  state  shall  certify 
nominations. 

Posting  list  of  nominees — Number 
of  ballots  for  each  precinct. 


CONVENTION  OR  PRIMARY  MEETING  DEFINED. 

SEC.  219.  A  convention  or  primary  meeting  within  the  meaning 
of  this  act  is  an  organized  assemblage  of  electors  or  delegates  repre- 
senting a  political  party. 

[S.  L.  1890,  Ch.  80,  Sec    85.] 
State  ex  rel  Bennett  vs.  Barber,  4  Wyo.  56. 

APPLICATION  OF  LAW  -HOW  MEETINGS  SHALL  BE  CALLED. 

SEC.  220.  Any  caucus  or  public  meeting  of  the  qualified  voters 
of  a  county,  district,  city,  town,  ward  of  a  city  or  town,  or  polling  pre- 
cinct, of  any  specified  party  or  portion  of  such  voters,  for  the  nomi- 
nation of  candidates  to  be  supported  at  any  state,  general,  county, 
district,  municipal  or  other  election,  or  for  the  selection  of  delegates 
to  any  political  convention,  or  for  the  appointment  of  any  political 
committee,  may  be  called  by  written  or  printed  notice,  specifying  that 
the  same  is  to  be  held  in  accordance  with  the  provisions  of  this  title, 
and  such  provisions  thereof  shall  then  apply  to  the  conduct  and  pro- 
ceedings of  such  meeting. 

[S.  L.  1897,  Ch.53,  Sec.  24.] 


g22i  KLKCTORS  AND  KLPXTK  )XS  DIV.   I     TI,.  4 

OFFICERS  OF  MEETING. 

SEC.  221.  The  call  for  the  meeting  shall  designate  by  name  or 
office  the  person  who  shall  call  the  meeting  to  order;  and  the  person 
so  designated  shall  call  the  meeting  to  order  and  preside  until  a  chair- 
man shall  be  chosen.  In  case,  however,  the  person  so  designated 
shall  be  absent  at  the  time  appointed,  the  meeting  may  choose  a  tem- 
porary chairman  to  act  in  place  of  such  person.  The  organization  of 
the  meeting  by  the  choice  of  a  chairman,  clerk  and  such  other  officers 
as  the  meeting  may  require,  shall  be  the  first  business  in  order. 

[S   L    1890-91,  Ch.  32,  Sec.  2  ] 

WHEN  BALLOT  SHALL  BE  TAKEN, 

SEC.  222.  A  ballot  shall  be  taken  for  the  choice  of  any  candidate, 
delegate  or  member  of  a  political  committee  to  be  selected  by  such 
meeting,  in  case  five  or  more  of  the  persons  present  and  entitled  to 
vote  therein  shall  in  any  case  so  request  in  writing;  and  in  case  of 
such  written  request,  a  ballot  shall  be  taken  for  the  choice  of  the  chair- 
man of  such  meeting  unless  the  meeting  shall  vote  to  dispense  with 
such  ballot.  Such  written  request  may  be  presented  to  the  presiding 
officer  for  the  time  being,  by  motion  or  otherwise  at  any  time,  before 
a  choice  of  the  officers  to  which  it  relates  is  effected. 

[S.  L.  1890-91,  Ch.  32,  Sec.  3  ] 

CHALLENGE  OF  VOTERS, 

SEC.  223.  Any  person  offering  to  vote  at  an)'  such  meeting  may 
be  challenged  by  any  person  present  as  to  whether  his  political  faith 
is  in  accordance  with  that  of  the  party  or  voters  holding  such  meet- 
ing. Upon  such  challenge,  the  party  challenged,  before  he  shall  bc 
permitted  to  vote,  shall  be  required  to  make  a  sworn  statement  be- 
fore the  presiding  officer  of  such  meeting  that  his  political  faith  is  in 
accordance  with  the  party  or  voters  holding  such  meeting;  and  in 
case  he  refuses  to  make  such  sworn  statement,  his  vote  shall  not  be 

received. 

[S.  L.  1890-91,  Ch.  32,  Sec.  5.] 

PRESERVATION  OF  BALLOTS, 

SEC,  224.  The  clerk  chosen  at  such  meeting  shall,  at  the  request 
in  writing  of  five  voters  entitled  to  act  therein,  safely  keep  all  ballots 
cast,  and  check  lists  used  therein  for  a  period  of  three  months,  and 
shall  produce  the  same  if  called  for  by  any  court  of  justice. 

[vS.  L.  1890-91,  Ch.  32,  Sec.  7-j 

REGULATIONS  MAY  BE  ADOPTED  BY  PRIMARY, 

SEC.  225.  Nothing  herein  shall  prevent  the  enforcement  at  any 
primary  of  further  regulations  not  inconsistent  with  the  provisions  of 

this  title. 

[S.  L    1890-91,  Ch.  32,  Sec.  S.] 

10 


CH.  3  NOMINATIONS  ^226 

NOMINATIONS  OF  CANDIDATES  MAY  BE  BY  CONVENTION  OR  PRI- 
MARY. 

SEC.  226.  Any  convention  or  primary  meeting  as  herein  de- 
fined, held  for  the  purpose  of  making  nominations  to  public  office  and 
also  electors  to  the  number  herein  specified  may  nominate  candidates 
for  public  office  to  be  filled  by  election. 

(S.  L.  1890,  Ch.  80,  Sec.  84  ] 

CERTIFICATE  OF  NOMINATION  BY  CONVENTION  OR  PRIMARY. 

SEC.  227.  All  nominations  made  by  such  convention  or  primary 
meeting  shall  be  certified  as  follows:  The  certificate  of  nomination 
shall  be  in  writing,  shall  contain  the  name  of  each  person  nominated; 
his  residence;  his  business,  and  the  office  for  which  he  is  nominated, 
and  shall  designate  in  not  more  than  two  words,  of  which  the  word 
"Party"  shall  be  one,  the  political  party  which  such  primary  meeting 
represents  (as  for  instance:  "Republican  Party,"  ' 'Democratic  Party," 
"People's  Party,"  or  "Fusion  Party")  a  compound  or  hyphenated 
word  shall  not  be  used  to  indicate  the  name  of  a  political  party  within 
the  meaning  of  this  section.  The  certificate  shall  be  signed  by  the 
chairman  and  secretary  of  such  convention  or  primary  meeting,  who 
shall  add  to  their  signatures  their  respective  places  of  residence,  and 
make  oath  before  an  officer  qualified  to  administer  the  same  that  the 
affiants  were  such  officers  of  such  convention  or  primary  meeting,  and 
that  the  statements  contained  in  such  certificate  are  true  to  the  best  of 
their  knowledge  and  belief.  A  certificate  that  such  oath  has  been  ad- 
ministered shall  be  made  and  signed  by  the  officer  before  whom  such 
oath  was  made.  The  certificate,  made  out  as  herein  required,  shall  be 
delivered,  or  be  caused  to  be  delivered,  by  the  chairman  or  secretary 
of  such  convention  or  primary  meeting  to  the  officer  by  whom  the 
same  is  to  be  filed. 

[S.  L.  1897,  Ch.  53,  Sec.  12.] 
State  ex  rel  Bennett  vs.  Barber,  4  Wyo    56. 
State  ex  rel  vs.  Burdick,  46  Pac.  854. 

HOW  CANDIDATES  MAY  BE  NOMINATED  OUTSIDE  OF  CONVENTION. 

SEC.  228.  Candidates  for  public  office  may  be  nominated  other- 
wise than  by  convention  or  primary  meeting  in  the  following  manner: 
A  certificate  of  the  nomination  containing  the  name  of  each  person 
nominated;  his  residence;  his  business;  the  office  for  which  he  is 
nominated  and  the  name  of  the  party  or  principle  which  the  candidate 
and  those  nominating  him  represent,  expressed  in  one  word,  entirely 
different  from  the  name  of  any  political  party  making  nominations  vo- 
ted for  at  the  last  preceding  general  election,  shall  be  signed  by  the 
electors  residing  within  the  district  or  political  division  in  and  for 
which  the  officer,  or  officers  are  to  be  elected,  in  the  following  num- 
bers: 
State  ex  rel  vs  Burdick,  46  Pac.  854. 

The  number  of  signatures  shall  not  be  less  than  one  hundred 
when  the  nomination  is  for  an  office  to  be  filled  by  the  electors  of  the 
tntire  state,  or  any  subdivision  thereof  larger  than  a  county,  and  shall 
not  be  less  than  twenty-five  when  the  election  is  for  an  office  to  be 

.11 


*229  ELECTORS  AND  ELECTIONS  1)1  V.  i     TL.  4 

filled  by  the  electors  of  a  county,  and  shall  not  be  less  than  ten  when 
the  election  is  for  an  office  to  be  filled  by  the  electors  of  any  subdi- 
vision or  district  less  than  a  county.  The  signatures  need  not  all  be 
appended  to  one  paper,  but  each  elector  signing  the  certificate  shall 
add  to  his  signature  his  place  of  residence  and  his  occupation.  Such 
certificate  may  be  filed  in  the  same  manner  and  with  the  same  effect 
as  a  certificate  of  nomination  made  by  a  party  convention  or  primary 
meeting. 

[S   L.  1897,  Ch.  53.  Sec    13  ] 

CERTIFICATE  TO  NAME  BUT  ONE   CANDIDATE  -  PERSON  CAN  AC- 
CEPT BUT  ONE  NOMINATION. 

SEC.  229.  No  certificate  of  nomination  shall  contain  the  name 
of  more  than  one  candidate  for  each  office  to  be  filled,  and  if  it  dees  it 
shall  be  void.  No  person  shall  join  in  nominating  more  than  one  per- 
son for  the  same  office  and  if  he  does,  his  name  shall  not  be  counted 
upon  either  certificate.  Whenever  an}-  person  shall  receive  two  or 
more  nominations  for  the  same  office,  he  shall  be  deemed  to  have  ac- 
cepted the  nomination  first  made  and  to  have  declined  the  others  un- 
less, within  the  time  limited  for  filing  certificates  of  nomination,  he 
shall  file  in  the  office  where  such  certificates  of  nomination  are  re- 
quired to  be  filed,  a  written  statement,  signed  and  sworn  to  by  him, 
designating  which  one  of  such  nominations  he  desires  to  accept,  and 
upon  the  filing  thereof  he  shall  be  deemed  to  have  declined  the  other 
nominations. 

[S    L.  1890,  Ch.  80,  Sec.  89      S.  L.  1897,  Ch.  53,  Sec.  16  ] 
State  ex  rel  vs.  Burdick,  46  Pac.  .854. 

CERTIFICATE  OF  NOMINATION  SHALL  BE  VERIFIED  BY  OATH. 

SEC.  230.  One  of  the  signers  to  each  separate  certificate  of  nom- 
ination shall  swear  that  the  statements  therein  contained  are  true  to 
the  best  of  his  knowledge  and  belief,  and  a  certificate  shall  be  annexed 
to  each  oath. 

[S.  L.  1850,  Ch.  80,  Sec   90.] 

CERTIFICATE  OF  NOMINATION  SHALL  BE   PRESERVED   ONE  YEAR. 

SEC.  231.  The  secretary  of  state  and  the  clerks  of  the  several 
counties,  and  of  the  several  municipal  corporations  shall  cause  to  be 
preserved  in  their  respective  offices  for  one  year  all  certificates  of  nom- 
ination filed  under  the  provisions  of  this  chapter.  All  such  certifi- 
cates shall  be  open  to  public  inspection  under  proper  regulations  to  be 
made  by  the  officers  with  whom  the  same  are  filed. 

[S.  L.  1890,  Ch.  80,  Sec.  91  1 

PLACES  FOR  FILING  CERTIFICATES  OF  NOMINATION. 

SEC.  232.  Certificates  of  nomination  of  candidates  for  offices  to 
be  rilled  by  the  electors  of  the  entire  state  or  of  any  division  or  district 
greater  than  a  county,  shall  be  filed  with  the  secretary  of  state.  Cer- 
tificates of  nomination  for  county  and  precinct  officers,  including  mem- 
bers of  either  branch  of  the  legislature,  shall  be  filed  with  the  clerks 
of  the  respective  counties,  wherein  the  officers  are  to  be  elected. 

[S.  L.  1890.  Ch.  80,  Sec.  87.] 

12 


CH.  3  NOMINATIONS  3233 

TIME  FOR  FILING  CERTIFICATES  OF  NOMINATION. 

SEC.  233.  Certificates  of  nomination  to  be  filed  with  the  secre- 
tary of  state  shall  be  filed  not  more  than  ninety  days  and  not  less  than 
forty  days  before  the  day  fixed  by  law  for  the  election  of  the  persons 
in  nomination.  Certificates  of  nomination  to  be  filed  with  the  county 
clerk  shall  be  filed  not  more  than  sixty  days  and  not  less  than  twenty- 
five  days  before  the  election.  Certificates  for  the  nomination  for  can- 
didates for  municipal  offices  shall  be  filed  with  the  clerk  of  the  respec- 
tive municipal  corporations  not  more  than  thirty  days  and  not  less 
than  three  days  previous  to  the  day  of  election;  provided,  that  the 
provisions  of  this  section  shall  not  be  held  to  apply  to  nominations 
for  special  elections  to  fill  vacancies  caused  by  death,  resignation  or 
otherwise. 

[S.  I,.  1897,  Ch.  53,  Sec.  14.] 

DECLINATION  OF  NOMINATION. 

SEC.  234.  Whenever  any  person  nominated  for  public  office  as 
in  this  chapter  provided,  shall  at  least  twenty-five  days  before  elec- 
tion, except  in  the  case  of  municipal  elections,  in  a  writing1  signed  by 
him  and  acknowledged  before  an  officer  qualified  to  take  acknowledg- 
ments, notifying  the  officer  with  whom  the  certificate  nominating  him 
is  by  this  chapter  required  to  be  filed  that  he  declines  such  nomina- 
tion, such  nomination  shall  be  void.  In  municipal  elections  such  de- 
clinations must  be  made  at  least  two  days  before  the  election. 

[S.  L.  1890,  Ch.  80,  Sec.  95. j 

VACANCIES  IN  LISTS  OF  NOMINEES, 

SEC.  235.  Should  any  person  so  nominated  die  before  the  print- 
ing of  the  tickets,  cr  decline  the  nomination  as  in  this  chapter  pro- 
vided, or  should  any  certificate  of  nomination  be,  or  become  insuffi- 
cient, or  inoperative  from  any  cause,  the  vacancy  or  vacancies  thus 
occasioned  may  be  filled  in  the  manner  required  for  original  nomina- 
tions. 

[S.  L.  1891),  Ch.  80,  Sec.  96.] 

FILLING  VACANCY. 

SEC.  236.  A  vacancy  occurring  in  any  nomination  made  by  a 
party  convention  can  be  filled  by  a  subsequent  convention  of  that 
party  or  by  a  committee  to  which  power  has  been  delegated,  but  can 
not  be  filled  in  any  other  manner. 

[S.  L.  1897,  Ch.  53,  Sec.  15.] 

FILLING  VACANCIES  IN  LISTS  OF  NOMINEES. 

SEC.  237.  If  the  original  nomination  was  made  by  a  part}'  con- 
vention which  had  delegated  to  a  committee  the  power  to  fill  vacan- 
cies, such  committee  may  upon  the  occurring  of  any  such  vacancies 
proceed  to  fill  the  same.  The  chairman  and  secretary  of  such  com- 
mittee shall  thereupon  make  and  file  with  the  proper  officer  a  certifi- 
cate setting  forth  the  cause  of  the  vacancy,  the  name  of  the  person 
nominated,  the  office  for  which  he  was  nominated,  the  name  of  the 
person  for  whom  the  new  nominee  is  to  be  substituted,  the  fact  that 
the  committee  was  authorized  to  fill  vacancies,  and  such  further  infor- 

13 


^238  ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

mation  as  is  required  to  be  given  in  an  original  certificate  of  nomina- 
tion. The  certificate  so  made  shall  be  executed  in  the  same  manner, 
and  shall  have  the  same  force  and  effect  as  an  original  certificate  of 
nomination. 

[S.  L.  1890,  Ch.  So,  Sec.  97.] 

SECRETARY  OF  STATE  SHALL  CERTIFY  SUBSTITUTE  NOMINEES. 

SEC.  238.  When  such  certificate  shall  be  filed  with  the  secretary 
of  state  he  shall,  on  certifying  the  nomination  to  the  various  count y 
clerks,  insert  the  name  of  the  person  who  has  thus  been  nominated  to 
fill  a  vacancy  in  place  of  that  of  the  original  nominee.  And  in  the 
event  that  he  has  already  sent  forth  his  certificate,  he  shall  certify  to 
the  clerks  of  the  proper  counties  the  name  of  and  description  of  the 
person  so  nominated  to  fill  a  vacancy,  the  office  he  is  nominated  for. 
the  party  or  political  principle  he  represents,  and  the  name  of  the  per- 
son for  whom  such  nominee  is  substituted. 

|S.  L.  1890,  Ch.  8<>,  Sec.  98.] 

FILLING  VACANCIES  AFTER  TICKET  PRINTED— STICKERS. 

SEC.  239.  When  any  vacancy  occurs  before  election  day  and 
after  the  printing  of  the  tickets,  and  any  person  is  nominated  accord- 
ing to  the  provisions  of  this  chapter  to  fill  such  vacancy,  the  officer 
whose  duty  it  is  to  have  the  tickets  printed  and  distributed  shall  there- 
upon have  printed  a  requisite  number  of  stickers,  and  shall  mail  them 
by  registered  letter  to  the  judges  of  election  in  the  various  precincts 
interested  in  such  election,  and  the  judges  of  election  whose  duty  it  is 
to  distribute  the  tickets  shall  affix  such  stickers  in  the  proper  place  on 
each  ticket  before  it  is  given  out  to  the  elector. 

[S.  L.  1890,  Ch.  80,  vSec.  99.] 

A  "STICKER"  DEFINED. 

SEC.  240.  A  sticker  shall  be  a  strip  or  piece  of  paper  bearing 
upon  one  side  the  printed  or  written  name  or  names  of  a  candidate  or 
canclidates  for  office,  and  bearing  upon  the  other  side  an  adhesive  sub- 
stance. 

[S.  L.  1890.  Ch.  So,  Sec.  iuo.] 

NOTICE  OF  QUESTIONS  TO  BE  SUBMITTED  TO  VOTE. 

SEC.  241.  Whenever  a  proposed  constitution  or  constitutional 
amendment,  or  other  question  is  to  be  submitted  to  the  people  of 
Wyoming  for  popular  vote,  the  secretary  of  state  shall  not  less  than 
thirty  days  before  election  certify  the  same  to  the  clerk  of  each 
county,  and  the  clerk  of  each  county  shall  include  the  same  in  the 
publication  herein  provided.  Questions  to  be  submitted  to  the  people 
of  a  county  or  municipality,  shall  be  advertised  as  provided  for  nom- 
inees for  office. 

[S.  L.  1890,  Ch.  80,  Sec.  ioi.] 

SECRETARY  OF  STATE  SHALL  CERTIFY  NOMINATIONS. 

SEC.  242.  Not  less  than  twenty-five  nor  more  than  thirty  days 
before  an  election  to  fill  any  public  office,  the  secretary  of  state  shall 
certify  to  the  county  clerk  of  each  county  within  which  any  of  the 
electors  may  by  law  vote  for  candidates  for  such  office,  the  name 


CH.  3 


ELECTION  DISTRICTS  AND  POLLING  PRECINCTS 


and  description  of  each  person  nominated  for   such  office   as  specified 
in  the  certificate  of  nomination  with  the  said  secretary. 

[S.  L.  1890,  Ch.  80,  Sec.  93.] 

POSTING  LIST  OF  NOMINEES. 

SEC.  243'.  At  least  ten  days  before  the  election  to  fill  any  public 
office,  other  than  a  municipal  office,  the  county  clerk  of  each  county 
shall  cause  to  be  published  in  one  or  more  newspapers  within  the 
county,  if  there  be  any,  the  nominations  to  office  certified  to  him  un- 
der the  provisions  of  this  title. 

The  county  clerk  shall  make  such  publications  daily  until  the 
election,  in  the  counties  where  daily  papers  are  published,  but  if  there 
be  no  daily  papers  published  within  the  county,  two  publications  in 
each  newspaper,  if  there  be  any,  wrill  be  sufficient.  One  of  such  pub- 
lications in  each  newspaper  shall  be  upon  the  last  day  upon  wrhich  such 
newspaper  is  issued  before  the  election.  In  the  case  of  municipal  elec- 
tions such  publications  shall  be  made  in  one  or  more  newspapers,  if 
there  be  an}*,  devoted  to  the  dissemination  of  general  news  and  pub- 
lished within  the  municipal  corporation  in  which  the  election  is  to  be' 
held  at  least  three  days  before  the  election,  the  publication  to  be  daily 
until  election,  where  there  are  daily  newspapers;  but  if  there  be  no 
daily  newspaper  published  within  the  municipal  corporation,  one  pub- 
lication in  each  newspaper,  if  there  be  any,  shall  be  sufficient. 

If  no  newspapers  are  published  in  the  county  or  municipal  corpor- 
poration,  the  clerk  of  either  such  county  or  municipal  corporation  shall 
post  the  said  notices  at  not  less  than  five  conspicuous  places  within  the 
county,  or  municipal  corporation,  as  the  case  may  be,  at  least  ten  days 
before  the  election,  if  possible. 

Provided,  That  in  special  elections,  to  fill  vacancies  the  foregoing- 
provisions  of  this  section  shall  not  apply. 

[S.  L.  1890-91,  Ch.  TOO,  vSec.  18.] 


CHAPTER  4 

ELECTION  DISTRICTS  AND  POLLING  PRECINCTS 


.Sec.  244.     Election  districts — How  defined. 

Sec.  245.  Polling  precincts  —  County  com- 
missioners shall  establish. 

Sec.  246.  Rule  for  establishing  polling  pre- 
cincts— Rule  in  cities. 


Sec.  247.     Change  of  polling  precincts — I<iin- 

itation. 
Sec.  248.     .Size  of  polling  precincts  —  When 

established. 


ELECTION  DISTRICTS-HOW  DEFINED. 

SEC.  244.  The  board  of  county  commissioners  of  each  county, 
shall  at  each  regular  July  meeting,  to  be  held  every  general  election 
year,  divide  the  county  into  convenient  election  districts,  which  shall 
be  known  and  numbered  by  the  numbers  designated.  There  shall  not 
be  less  than  five  nor  more  than  thirty  election  districts  in  any  count}'. 
In  laying  out  the  county  into  districts  the  board  of  county  commis- 
sioners may,  in  incorporated  cities  and  towns,  make  each  ward  thereof , 
an  election  district. 

[S.  L.  1890-91,  Ch.  loo,  Sec.  5.] 


ELECTORS  AND  KIJ-CCTIOXS  Div.   i     TL.  4 

POLLING  PRECINCTS -COUNTY  COMMISSIONERS  SHALL  ESTABLISH. 
SEC.  245.  The  county  commissioners  shall,  in  creating  and  es- 
tablishing election  districts,  establish  in  any  one  district,  as  many 
polling  precincts  as  shall  be  necessary  and  convenient  for  the  voters  of 
the  election  districts  wherein  such  polling  precincts  may  be  estab- 
lished, but  no  polling  precincts  shall  be  established  after  the  first  day 
of  registration  as  herein  provided. 

[S.  L.  1890,  Ch.  So,  Sec.  io.  | 

RULE  FOR  ESTABLISHING  POLLING  PRECINCTS-RULE  IN  CITIES. 

SEC.  246.  In  altering  and  establishing  election  districts  and 
polling  precincts,  the  county  commissioners  shall  be  governed  and 
guided  by  the  interest  and  convenience  of  the  greatest  number  of  elec- 
tors; Provided,  that  in  municipalities,  the  polling  precincts  shall  not 
extend  over  more  than  one  ward,  and  that  the  polling  precincts  so  es- 
tablished shall  be  the  polling  precincts  for  municipal  elections. 

[S.  L.  1890,  Ch.  So,  Sec.  13. ] 

CHANGE  OF  POLLING  PRECINCTS-LIMITATION. 

SEC.  247.  At  any  meeting  prior  to  the  first  day  of  registration, 
the  county  commissioners  shall  have  discretionary  power  on  petition 
of  ten  qualified  voters  within  any  election  district,  to  vacate,  change, 
consolidate,  remove  or  establish  any  polling  precincts  within  the  sev- 
eral election  districts;  Provided,  that  no  increase  or  decrease  shall  be 
made  in  the  number  of  such  election  districts  oftener  than  once  in  two 
years. 

|S.  L.  1890,  Ch.  So,  Sec.  n.j 

SIZE  OF  PRECINCTS— WHEN  ESTABLISHED. 

SEC.  248.  On  or  before  the  first  day  of  September,  of  each  year, 
in  which  an  election  is  to  be  held,  the  officers  charged  by  law  with  the 
establishment  or  alteration  of  polling  precincts,  shall,  as  far  as  neces- 
sary, divide  the  existing  election  districts  into  polling  precincts  in  such 
a  manner  that  each  polling  precinct  shall  not  contain  more  than  four 
hundred  voters. 

[S.  L.  1890,  Ch.  So,  Sec.  12.] 


16 


CH.  5 


REGISTRATION 


8249 


CHAPTER  5 

REGISTRATION 


Sec.  249. 
Sec.  250. 
Sec.  2~,i. 

Sec.    252. 

vSec.  253. 
Sec.  254. 
Sec.  255. 
Sec.  256. 
Sec.  257. 
Sec.  258. 
Sec.  259. 
Sec.  260. 

Sec.  26  u 
Sec.  262. 


Appointment  of  registry  agents. 

Oath  of  registry  agents. 

County  commissioners  shall  fur- 
nish supplies. 

Meetings  of  registry  agents— Post- 
ing notice. 

Register  of  electors — How  made. 

Who  must  be  registered. 

Oath  of  applicant  to  register. 

Registration  hours. 

Copies  of  registry  list  to  be  made. 

Disposition  of  registry  lists. 

Meeting  to  complete  lists  —  Time. 

Proceedings  shall  be  public — Hear- 
ing- 
Correction  of  lists— Challenges. 

Qualified  elector  may  be  regis- 
tered. 


Sec.  263. 
Sec.  264. 
Sec.  265. 
Sec.  266. 
Sec.  267. 

Sec.  268. 

Sec.  269. 
Sec.  270. 

Sec.  271. 
Sec.  272. 
Sec.  273. 
Sec.  274. 


Affidavit  of  elector  registering. 

Certified  lists  to  judges  of  election. 

Only  registered  electors  can  vote. 

Challenge  of  registered  electors. 

Clerks  of  election  shall  make  list 
—When. 

Joists  returned!  by  judges — Preser- 
vation—Public. 

Pay  of  registry  agents. 

Registry  agents  —  Power  —  Vacan- 
cies. 

Judges  ex-officio  registry  agents — 
Wnen. 

Klection  register — When  and  how 
kept. 

Oath  of  elector  voting  on  election 
day — Corroborating  oath. 

When  elector  mav  vote. 


APPOINTMENT  OF  REGISTRY  AGENTS. 

SEC.  249.  Prior  registration  shall  be  required,  first,  in  each  elec- 
tion district  in  any  incorporated  city  or  town,  irrespective  of  the  num- 
ber of  votes  cast  therein,  and  second,  in  each  election  district  located 
on  the  line  of  a  railroad  and  not  within  an  incorporated  city  or  town, 
in  which  district  more  than  one  hundred  votes  were  cast  at  the  last 
preceding  general  election.  The  boards  of  the  county  commissioners 
of  the  several  counties  at  each  regular  July  meeting  in  every  general 
election  year  shall  appoint  two  registry  agents  for  each  election  district 
in  which  prior  registration  is  so  required.  Such  registry  agents  shall 
not  be  members  of  the  same  political  party,  but  shall  be  qualified  vot- 
ers of  the  election  district  for  which  they  are  appointed,  and  shall  be 
otherwise  competent  to  attend  to  the  duties  incident  to  their  appoint- 
ment. They  shall  hold  their  office  for  the  term  of  two  years  and  un- 
til their  successors  are  appointed  and  qualified,  but  they  may  be  re- 
moved at  the  will  of  the  county  commissioners  for  cause. 

[S.  L.  1897,  Ch.  53,  Sec.  5.] 

OATH  OF  REGISTRY  AGENTS. 

SEC.  250.  Before  entering  upon  the  duties  prescribed  in  this  ti- 
tle, the  registry  agents,  including  ex-officio  registry  agents,  shall  sev- 
erally take  and  subscribe  before  an  officer  duly  authorized  to  adminis- 
ter oaths,  the  following  oath  or  affirmation,  which  shall  be  filed  in  the 
office  of  the  county  clerk  of  their  respective  counties,  to- wit: 

"I, registry  agent  for  election  district 

No in  the  county  of Wyoming,  do 

solemnly  swear  (or  affirm)  that  I  will  perform  all  the  duties  of  registry 
agent  in  and  for  said  election  district  according  to  law  and  the  best  of 
my  ability,  and  that  in  the  discharge  of  my  duties  as  such  agent  I  will 


£251  ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

honestly  endeavor  to  prevent  fraud,  deceit  or  an}-  other  manner  of 
abuse  of  the  elective  franchise,  so  help  me  God  (or  for  which  I  will 
answer  under  the  pains  and  penalties  of  perjury)." 

[S.  L.  1890,  Ch.  80,  Sec.  38.] 

COUNTY  COMMISSIONERS  SHALL  FURNISH  SUPPLIES. 

SEC.  251.  The  county  commissioners  of  the  several  counties 
shall  supply  the  registry  agents  of  their  respective  counties  with  all 
proper  and  necessary  books  and  stationery  and  blank  forms  of  affidav- 
its for  the  voters,  and  particularly  with  printed  copies  of  this  title. 
They  shall  furnish  to  each  registry  agent  a  bound  book  which  shall  be 
known  as  the  "Official  Register,"  which  shall  be  ruled  in  columns  of 
suitable  dimensions  to  provide  for  the  following  entries  opposite  the 
name  of  each  elector,  to- wit: 

1.  Number  of  the  register. 

2.  Date  of  regivStry. 

3.  Name  of  elector. 

4.  Age  of  elector. 

5.  Where  born. 

6.  Name  of  polling  precinct. 

7.  Description  of  residence. 

[S.  L.  1890,  Ch.  80,  Sec.  35.] 

MEETINGS  OF  REGISTRY  AGENTS-POSTING  NOTICE. 

SEC.  252.  Said  registry  agents  shall  meet  on  the  Tuesday  four 
weeks  preceding  each  general  and  special  election,  at  the  office  of  the 
clerks  of  their  respective  cities  or  towns  and  villages,  or  at  some  con- 
venient place  therein  designated  by  the  county  commissioners  and 
made  known  by  said  registers  by  advertisement  posted  up  in  five  pub- 
lic places  in  their  district  at  least  five  days  before  the  time  of  meeting. 

In  incorporated  cities  and  towns  where  a  ward  is  made  an  election 
district,  the  registry  agents  of  such  district  shall  meet  at  some  conven- 
ient place  within  such  district  as  designated  by  the  county  commis- 
sioners. 

They  shall  convene  at  9  o'clock  in  the  morning  and  proceed  ta 
make  a  list,  as  hereinafter  prescribed,  of  all  persons  qualified  and  en- 
titled to  vote  at  the  ensuing  election  in  their  respective  election  dis- 
tricts, designating  the  wrard  and  polling  precinct,  in  which  such  per- 
sons are  then  residing  and  entitled  to  vote,  which  list,  when  complete, 
shall  constitute  and  be  known  as  the  register  of  electors  of  said  elec- 
tion district. 

[S.  L    1890-91,  Ch.  100,  Sec.  7.] 

REGISTER  OF  ELECTORS-HOW  MADE. 

SEC.  253.  Said  registers  shall  each  contain  a  list  of  the  persons 
so  qualified  and  entitled  to  vote  in  said  election  district,  according  to 
their  wards  and  polling  precincts,  when  there  are  any,  alphabetical! y 
arranged  according  to  their  surnames  so  as  to  show  in  one  column  the 
name  in  full,  in  another  column  the  residence  by  the  number  of  the 
dwelling,  if  there  be  a  number,  and  the  name  of  the  street,  or  other 
location  of  the  dwelling  place,  as  near  as  may  be,  of  each  person. 

[S.  L.  1890,  Ch.  80,  vSec.  17.] 

18 


CIL  5  REGISTRATION  2 254 

WHO  MUST  BE  REGISTERED. 

SEC.  254.  The  said  registry  agents  shall  enter  on  said  lists  the 
names  of  all  persons  residing  in  their  jurisdiction  who  are  entitled  to, 
and  claim  the  right  to,  vote  at  the  next  general  election.  Such  per- 
sons shall  appear  in  person. 

[S.  L.  1890-91,  Ch.  ioo,  Sec.  8.] 

OATH  OF  APPLICANT  TO  REGISTER. 

SEC.  255.  Every  person  applying  to  be  registered  shall,  before 
he  shall  be  entitled  to  have  his  name  registered,  take  and  subscribe  be- 
fore one  of  the  registry  agents  one  of  the  following  oaths,  which  shall 
then  be  filed  with  said  agents,  to-wit: 

"The  State  of  Wyoming.  County  of ss:     I  do 

solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United  States; 
that  I  will  be  twenty-one  years  of  age  on  or  before  the  election  day 
next  ensuing;  that  I  wrill  have  actually  and  not  constructively  been  a 
bona  fide  resident  of  said  state  one  year  and  of  said  county  sixty  days 
preceding  the  day  of  the  next  general  election;  that  I  am  an  actual 
resident  of  polling  precinct  number ,  in  election  district  num- 
ber  in  said  county,  and  that  I  can  read  the  constitution  of  said 

state.     So  help  me  God." 

"State  of  Wyoming,  County  of    ss. 

"I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United 
States;  that  I  was  a  resident  and  qualified  elector  of  Wyoming  on  the 
tenth  day  of  July,  1890,  that  I  have  ever  since  then  continued  to  be  a 
resident  of  Wyoming;  that  I  will  have  actually  and  not  constructively 
been  a  bona  fide  resident  of  said  county  sixty  days  preceding  the  day 
of  the  next  general  election,  that  I  am  an  actual  and  bona  fide  resident  of 

polling  precinct  number in   election  district   number 

in  said  county.     So  help  me  God." 

1  'The  State  of  Wyoming,  County  of ss. 

"I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United 
States;  that  I  will  be  twenty-one  years  of  age  on  or  before  the  election 
day  next  ensuing;  that  I  will  have  actually  and  not  constructively 
been  a  bona  fide  resident  of  this  state,  one  year  and  in  this  county 
sixty  days  preceding  the  day  of  the  next  general  election;  that  I  am 

an  actual  and  bona  fide  resident  of  polling  precinct   number , 

in  election  district  number ,  in  said  county,  and   that  I  am 

prevented  by  reason  of  physical  disability  from  being  able  to  read  the 
constitution  of  this  state.  So  help  me  God." 

[S.  L.  1897,  Ch.  53,  Sec.  6.  j 

REGISTRATION  HOURS. 

SEC.  256.  Said  registry  agents  shall  sit  continuously  from  day 
to  day  until  their  labors  are  completed,  not  exceeding  five  days,  and 
they  shall  keep  their  office  open  for  the  transaction  of  their  business 
each  day  during  the  following  hours,  to-wit:  From  9  o'clock  in  the 
morning  until  i  o'clock  in  the  afternoon,  and  from  2  o'clock  in  the 
afternoon  until  6  o'clock  in  the  afternoon,  and  from  7  o'clock  in  the 
evening  until  9  o'clock  in  the  evening. 

[S.  L.  1890-91,  Ch.  ioo,  Sec.  8.] 


?257  ELECTORS  AND  ELECTIONS  D.IV.  i     TL.  4 

COPY  OF  REGISTRY  LIST  TO  BE  MADE. 

SEC.  257.  When  the  registry  is  complete  the  registry  agents 
shall  make  three  copies  thereof,  and  certify  the  register  and  the  copies 
thereof  to  be  a  true  list  of  the  voters  of  their  election  districts,  so  far 
as  they  may  know. 

[S.  L.  1890-91,  Ch    loo,  Sec.  8.] 

DISPOSITION  OF  REGISTRY  LISTS. 

SEC.  258.  Within  four  days  thereafter,  the  said  original  list 
shall  be  filed  by  said  registry  agents  in  the  office  of  the  county  clerk 
of  the  proper  county,  and  one  cop)'  of  said  list  shall  be  filed  in  the  of- 
fice of  the  clerk  of  the  municipal  corporation  of  the  election  district, 
and  one  copy  shall  be  retained  by  each  of  said  registry  agents,  and 
said  registry  agents  shall  also  make  a  copy  for  each  polling  precinct  in 
the  district,  and  in  the  municipal  corporation.  The  last  said  copy 
shall  contain  the  list  of  voters  in  the  ward  in  which  the  polling  pre- 
cinct is  located,  showing  the  precinct  in  which  each  elector  resides, 
which  last  said  copies  shall  be  deposited  with  the  board  of  county 
commissioners  of  the  county,  to  be  by  them  distributed  to  the  election 
officers  of  said  precincts  for  their  use  on  the  clay  of  election.  The 
board  of  county  commissioners  shall  cause  a  copy  of  each  of  said  ward 
lists  to  be  publicly  posted  at  each  polling  precinct  in  said  district  at 
least  eighteen  days  before  election  day,  if  possible. 

[S.  L    1890-91,  Ch.  100,  Sec.  8.] 

MEETING  TO  COMPLETE  LISTS- TIME, 

SEC.  259.  The  said  registry  agents  shall  again  meet  at  the  places 
hereinabove  designated  twelve  days  preceding  the  day  of  election  for 
the  purpose  of  revising,  correcting  and  completing  said  list.  They 
shall  hold  their  sessions  for  not  exceeding  two  days  and  during  the 
same  hours  as  at  their  first  meeting. 

[S.  L.  1890,  Ch.  80,  Sec.  19.] 

PROCEEDINGS  SHALL  BE  PUBLIC  -HEARING. 

SEC.  260.  The  proceedings  shall  be  open,  and  all  persons  resid- 
ing and  entitled  to  vote  in  said  district  shall  have  the  right  to  be  heard 
in  person  in  relation  to  the  corrections  or  additions  to  said  register. 

[S.  L.  1890,  Ch.  80,  Sec.  20  ] 

CORRECTION  OF  LIST— CHALLENGES. 

SEC.  261.  Said  agents  shall  at  their  first  meeting  for  revising 
and  correcting  said  list,  erase  therefrom  the  name  of  any  person  in- 
serted therein,  who  shall  be  proved  by  the  oath  of  two  legal  voters  of  said 
district,  to  the  satisfaction  of  said  agents,  to  be  non-residents  of  said 
district,  or  otherwise  not  entitled  to  vote  in  said  district  at  the  election 
then  next  to  be  held. 

Provided,  That  if  the  person  whose  name  is  on  such  list  shall  be 
challenged,  he  shall  be  entitled  to  controvert  by  the  oaths  of  legal 
electors  of  said  district  the  allegations  relating  to  his  non-residence  or 
other  alleged  disqualifications. 

[vS.  L.  1890-91,  Ch.  100,  Sec.  9  ] 

20 


CH.  5  REGISTRATION  $262 

QUALIFIED  ELECTOR  MAY  BE  REGISTERED. 

SEC.  262.  Any  elector  residing  in  said  district,  entitled  to  vote 
therein,  may  appear  before  said  agents  in  person  and  require  his  or 
her  name  to  be  recorded  in  said  alphabetical  list  for  the  ward  or  pre- 
cinct in  which  he  or  she  claims  to  reside. 

[vS.  L.  1890-91,  Ch.  ioo,  Sec.  9.] 

AFFIDAVIT  OF  ELECTOR  REGISTERING. 

SEC.  263.  Any  person  requiring  his  or  her  name  to  be  so  entered 
on  said  list  shall  make  the  same  affidavit  required  of  an  elector  who 
registers  as  heretofore  provided,  and  shall  be  subject  to  challenge  by 
either  of  the  registry  agents,  or  by  any  elector,  and  in  case  no  chal- 
lenge is  made,  such  name  shall  be  entered  upon  the  registry  list,  or  in 
case  of  challenge  as  aforesaid,  then  such  person  shall  be  registered 
only  upon  being  vouched  for  by  the  affidavit  of  two  electors,  as  pro- 
vided for  in  sections  three  hundred  and  twenty-two  and  three  hundred 
and  twenty-three. 

[S.  L.  1890-91,  Ch.  ioo,  Sec.  9.] 

CERTIFIED  LISTS  TO  JUDGES  OF  ELECTION. 

SEC.  264.  After  said  lists  shall  have  been  fully  completed  and 
five  or  more  days  before  the  day  of  election,  the  said  agents  shall  cause 
a  complete  list  of  the  registered  voters  of  each  precinct  in  their  respec- 
tive districts  to  be  made,  certify  the  same  to  be  correct  and  deliver  to 
the  judges  of  election  of  each  polling  precinct  a  list  of  the  registered 
voters  in  their  respective  precincts.  It  shall  be  the  duty  of  the  judges 
so  receiving  such  list  carefully  to  preserve  such  list  for  their  use  on 
election  day  and  to  designate  two  of  their  number  at  the  opening  of 
the  polls  to  check  the  name  of  each  registered  voter  voting  in  such 
precinct. 

[S.  L.  1890,  Ch.  80,  Sec.  22.] 

ONLY  REGISTERED  ELECTORS  CAN  VOTE. 

SEC.  265.  No  vote  shall  be  received  at  any  general  or  special 
election  if  the  name  of  the  person  offering  to  vote  be  not  on  said  regis- 
ter made  as  aforesaid  in  districts  where  registration  is  required. 

[S.  L    1890,  Ch.  80,  Sec.  22.] 

CHALLENGE  OF  REGISTERED  ELECTORS. 

SP:C.  266.  Any  person  may  be  challenged  and  the  same  oaths  re- 
quired as  now  are  or  hereafter  may  be  prescribed  by  law  touching  the 
legality  of  the  vote  offered. 

[S.  L.  1890,  Ch.  80,  Sec    22.] 

CLERKS  OF  ELECTION  SHALL  MAKE  LIST- WHEN. 

SEC.  267.  The  clerks  at  each  polling  precinct  where  prior  regis- 
tration is  not  by  law  required,  in  addition  to  the  duties  now  prescribed 
by  law,  shall  enter  on  the  poll  list  kept  by  them  in  columns  prepared 
for  that  purpose,  opposite  the  name  of  each  person  voting  the  same 
statement  or  minute  heretofore  required  of  the  registry  agents  in  mak- 
ing the  registry. 

[S.  L   1890,  Ch.  80,  Sec    23.] 

21 


£268  ELECTORS  AND  ELECTIONS  DIV.   i     TL.  4 

LISTS  RETURNED  BY  JUDGES-PRESERVATION-PUBLIC 

SEC.  268.  After  the  canvass  of  the  votes  the  register  so  kept 
and  checked  as  aforesaid  shall  be  returned  by  the  judges  of  election 
together  with  the  poll  lists  and  said  register  shall  be  retained  and  care- 
fully preserved  as  a  public  record  in  the  office  of  the  county  clerk. 
Such  register  at  all  times  shall  be  open  for  public  inspection  at  the  of- 
fice of  the  said  county  clerk  without  charge. 

[S.  L.  1890,  Ch.  80,  Sec.  24.] 

PAY  OF  REGISTRY  AGENTS. 

SEC.  269.  The  said  registry  agents  shall  each  receive  the  sum  of 
three  dollars  per  day  for  each  day  actually  employed,  to  be  paid  out 
of  the  county  treasury  upon  properly  verified  claims. 

[S.  L.  1890,  Ch.  80,  Sec.  25.] 

REGISTRY  AGENTS-POWER- VACANCIES. 

SEC.  270.  The  said  registry  agents  shall  have  and  exercise  the 
same  power  in  preserving  order  at  their  meetings  as  are  given  to  judges 
of  election  for  preserving  order  on  election  day.  All  vacancies  shall 
be  filled  by  the  board  of  county  commissioners,  if  such  board  be  in 
session  in  time,  and  if  not,  such  vacancies  shall  be  filled  by  the  county 
clerk. 

[S.  L.  1890,  Ch.  80,  Sec.  26.] 

JUDGES  EX-OFFICIO  REGISTRY  AGENTS-WHEN. 

SEC.  271.  The  judges  of  election  of  each  election  precinct  in 
Wyoming  in  all  districts  where  there  were  cast  at  the  last  preceding 
general  election  in  each  polling  precinct  in  said  district,  as  shown  by 
the  returns  thereof,  not  more  than  fifty  votes,  shall  be  ex-officio  regis- 
try agents  for  their  respective  precincts,  and  it  shall  be  the  duty  of  the 
county  clerk  of  each  county,  to  furnish  to  the  judges  of  election,  if 
such  polling  precinct  has  by  the  returns  of  the  last  preceding  general 
election  shown  to  have  polled  not  more  than  fifty  votes,  the  same 
books,  stationery,  including  black  lead  pencils  for  the  purpose  of 
marking  ballots  of  electors,  and  none  other  shall  be  used  for  such  pur- 
pose, and  blank  forms  of  affidavits  and  printed  copies  of  the  election 
law,  as  they  are  required  to  furnish  to  the  registry  agents  of  such 
election  districts  on  which  registration  is  required  before  the  day  of 
election.  It  shall  be  the  duty  of  the  judges  of  election  in  the  precincts 
where  they  are  required  to  also  act  as  registry  agents,  to  register  in 
the  proper  official  register,  each  voter  applying  to  vote  in  the  manner 
prescribed  by  law  for  registration,  prior  to  such  voter  being  permitted 
to  cast  his  ballot  at  such  election. 

[S.  L.  1895,  Ch.  118,  Sec.  2.] 

ELECTION  REGISTER— WHEN  AND  HOW  KEPT. 

SEC.  272.  The  said  judges  of  election  as  such  ex-officio  registry 
agents,  shall  require  and  see  that  the  clerks  of  election  register  all 
electors  voting,  giving  full  particulars  in  the  proper  columns  of  the 
records  prepared  by  them  as  by  this  chapter  required.  Except  that  in 
giving  the  residence  of  persons  who  do  not  live  in  cities  or  towns,  the 
residence  of  the  elector  shall  be  given  by  legal  sub-divisions  of  land, 

22 


CH.  5  JUDGES  AND  CLERKS  OF  ELECTION  £273 

according  to  the  United  States  government  survey,  where  it  is  practi- 
cable to  ascertain  the  same. 

[S.  L.  1890-91,  £h.  ioo,  Sec.  TO.] 

OATH  OF  ELECTOR  VOTING  ON  ELECTION   DAY-CORROBORATING 
OATH. 

SEC.  273.  Each  person  offering  to  vote  on  election  day,  shall,  in 
precincts  where  prior  registration  is  not  required,  take  and  subscribe 
the  same  oath  as  is  required  herein  of  persons  applying  to  be  be  regis- 
tered. Such  affidavit  shall  be  administered  by  one  of  the  judges  of 
election  without  charge,  and  it  shall  be  returned  by«the  judges  with 
the  poll  lists. 

[S.  L.  1897,  Ch.  54.] 

WHEN  ELECTOR  MAY  VOTE. 

SEC.  274.  When  a  qualified  elector  applies  to  vote  in  precincts 
where  prior  registration  is  not  required,  he  shall  upon  registering  as 
hereinbefore  provided,  be  entitled  to  vote,  but  not  before. 

[S.  L.  1890-91,  Ch.  ioo,  Sec.  12.] 


CHAPTER  6 

JUDGES  AND  CLERKS  OF  ELECTION 


Judges  of  election  —  Appointment 

of — Notice 

Sec.  276.     Political  qualifications  of  judges. 
Sec.  277.     Term  of  office — How  appointed  in 

cities. 
Sec.  278.     Clerks  of  election  —  Appointment 

of — Political  qualifications. 
Sec.  279.     Filling  vacancy  in  office  of  judge — 

Elections  invalid — When. 


Sec.  280.     Oath  of  judges  of  election. 

Sec.  281.     Oath — How  administered. 

Sec.  282.  Oaths  of  clerks  —  How  adminis- 
tered. 

Sec.  283.     Pay  of  election  officers. 

Sec.  284.  Certificate  of  pay  of  election  offi- 
cers. 

Sec.  285.     Duties  of  officers. 


JUDGES  OF  ELECTION- APPOINTMENT  OF— NOTICE, 

SEC.  275.  The  board  of  county  commissioners  shall  at  the  last 
regular  session  preceding  any  election — but  if  said  regular  session  be 
within  thirty  days  before  the  election,  then  a  special  meeting  shall  be 
called — appoint  three  capable  and  discreet  persons  possessing  the  qual- 
ifications of  electors  to  act  as  judges  of  election,  at  each  polling  pre- 
cinct, and  the  county  clerk  shall  make  out  and  deliver  to  the  sheriff 
of  the  county  immediately  after  the  appointment  of  such  judges  a  no- 
tice in  writing  directed  to  the  judges  so  appointed,  and  said  sheriff 
shall,  within  five  days  after  the  receipt  of  such  notice,  transmit  the 
same  by  registered  mail  to  each  of  said  judges  of  election;  Provided, 
That  the  sheriff  shall  in  person  or  by  deputy  serve  said  notice  upon 
any  of  the  judges  of  election  in  the  polling  precinct  at  the  county  seat 
of  his  county. 

[S.  L.  1890,  Ch.  80,  Sec.  56.] 

23 


£276  ELECTORS  AND  ELECTIONS  DIV.   i     TL.  4 

POLITICAL  QUALIFICATION  OF  JUDGES* 

SEC.  276.  In  making  the  appointment  of  judges  of  election  as 
aforesaid,  not  more  than  two  at  any  polling  precinct  shall  be  from 
any  one  political  party. 

[S.  L.  1890,  Ch.  So,  Sec.  57.  | 

TERM  OF  OFFICE-HOW  APPOINTED  IN  CITIES. 

SEC.  277.  The  judges  of  election  shall  be  and  continue  judges  of 
all  elections  to  be  held  within  their  precincts  for  one  year  and  until 
other  judges  shall  be  appointed  as  hereinbefore  directed.  Municipal  elec- 
tions shall  be  conducted  in  accordance  with  the  provisions  of  this  title. 
Provided,  however,  That  the  judges  of  election  for  such  municipal 
election  shall  be  appointed  by  the  councilman  or  trustees  of  the  incor- 
porated city  or  town  in  which  said  election  shall  be  held. 

[S.  L.  1890,  Ch.  80,  Sec.  58.] 

CLERKS  OF  ELECTION-APPOINTMENT  OF-POLITICAL  QUALIFICA- 
TIONS. 

SEC.  278.  The  judges  of  election  shall  choose  two  persons,  hav- 
ing the  same  qualifications  with  themselves,  to  act  as  clerks  of  the 
election  and  the  clerks  of  the  election  may  continue  to  act  as  such  dur- 
ing the  pleasure  of  the  judges  of  election  appointing  them.  The  clerks 
shall  not  be  members  of  the  same  political  party  unless  it  be  impracti- 
cable to  obtain  two  thus  qualified. 

[S.  L.  1890,  Ch.  80,  Sec.  59.] 

FILLING  VACANCY  IN  OFFICE  OF  JUDGE  -  ELECTION  PROCEEDINGS 
INVALID— WHEN. 

SEC.  279.  If  at  any  time  appointed  by  law  for  the  opening  of 
any  election,  any  person  duly  appointed  to  act  as  judge  of  the  election 
shall  fail  or  refuse  to  act  or  to  be  sworn  or  affirmed  to  act  in  such  ca- 
pacity, the  place  of  such  persons  shall  be  filled  by  the  viva  voce  votes 
of  qualified  electors  residing  \vithin  the  polling  precinct  as  may  be 
present  at  the  place  of  election,  and  each  person  so  elected  to  fill  such 
vacancy  shall  be  a  qualified  elector  of  the  precinct  and  shall  be  vested 
with  the  same  powers  as  if  appointed  by  the  board  of  county  commis- 
sioners. All  such  judges  shall  at  all  times  be  present  when  the  ballots 
are  being  cast  and  counted.  Any  ballot  cast  in  the  absence  of  any 
judge  shall  be  invalid.  Any  proceeding  had  in  the  count  and  canvass 
of  the  votes  by  the  judges,  during  the  absence  of  any  judge,  shall  be 
invalid. 

[S.  L.  1890-91,  Ch.  100,  Sec.  15.] 

OATH  OF  JUDGES  OF  ELECTION. 

SEC.  280.  Judges  of  election,  whether  appointed  by  the  commis- 
sioners or  elected,  shall  before  entering  upon  their  duty  as  judges  of 
election,  severally  take  and  subscribe  the  following  oath  in  writing: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  impartially  and  to 
the  best  of  my  knowledge  and  abitity,  perform  the  duties  of  judge  of 
this  election,  and  I  will  studiously  endeavor  to  prevent  all  frauds,  de- 
ceit and  abuse  in  conducting  the  same." 

24 


CH.  6  JUDGES  AND  CLERKS  OF  ELECTION  $281 

111  precincts  where  prior  registration  is  not  required,  the  judge  of 
election  shall,  in  addition  to  the  foregoing  oath,  take  and  subscribe  to 
the  oath  required  of  registry  agents  before  entering  upon  their  duties. 

[S.  L.  1890-91,  Ch.  KO,  Sec.  16.] 

OATH-HOW  ADMINISTERED. 

SEC.  281.  Such  oath  may  be  taken  before  any  person  authorized 
to  administer  oaths,  but  if  no  person  authorized  to  administer  an  oath 
be  present,  then  the  judges  shall  administer  the  oath  to  each  other 
with  like  effect  in  all  proceedings,  both  civil  and  criminal,  as  though 
the  oath  had  been  administered  by  any  other  person  authorized  to  ad- 
minister oaths. 

[S.  L.  1890,  Ch.  80,  Sec.  62.] 

OATH  OF  CLERKS-HOW  ADMINISTERED. 

SEC.  282.  The  clerks  of  election  shall  take  and  subscribe  in 
writing  an  oath  similar  in  character  to  that  required  by  law  to  be 
taken  by  the  judges,  which  oath  may  be  administered  by  any  one  of 
the  judges  to  the  clerks. 

[S.  L.  1890,  Ch.  80,  Sec  63.] 

PAY  OF  ELECTION  OFFICERS. 

SEC.  283.  The  judges  and  clerks  of  general  county  and  munici- 
pal elections  shall  receive  three  dollars  each  for  each  full  day  for  their 
services  in  attending  such  elections  and  ten  hours  shall  constitute  one 
day,  and  the  judge  or  clerk  who  carries  the  returns  to  the  postmaster 
at  the  nearest  postoffice  shall  also  receive  ten  cents  per  mile  each  way 
by  the  nearest  traveled  route  unless  he  has  to  travel  in  another  way 
than  by  railroad,  in  which  case  he  shall  receive  ten  cents  per  mile  each 
wa}^  and  three  dollars  per  day  for  each  day  necessarily  and  actually 
employed  in  such  travel,  also  the  amount  expended  for  postage  and 
registration  fee  upon  such  return.  Constables  serving,  shall  receive 
three  dollars  per  day. 

[S.  L.  1890,  Ch.  So,  Sec.  142.] 

CERTIFICATE  OF  PAY  OF  ELECTION  OFFICERS. 

SEC.  284.  The  clerk  of  each  county,  or  municipality  as  the  case 
may  be,  shall,  on  the  canvass  of  the  election  returns  of  any  election, 
make  out  his  certificate  stating  therein  the  compensation  to  which  the 
judges  or  clerks  of  such  election  and  constables  may  be  entitled  for 
services,  and  lay  the  same  before  the  county  commissioners,  or  city  or 
town  council  as  the  case  ma}-  be,  at  their  next  meeting,  and  the  com- 
pensation aforesaid  shall  be  ordered  to  be  paid  out  of  the  treasury  of 
such  county,  citv  or  town. 

[S.  L.  1890,  Ch.  So,  Sec.  143.] 

DUTIES  OF  OFFICERS. 

SEC.  285.  No  officer  shall  deposit  in  the  ballot  box  any  ballot 
except  a  lawful  one.  A  lawful  ballot  is  an  official  ballot  officially 
stamped  and  marked  with  the  initials  or  name  of  a  judge  of  the  elec- 
tion, and  offered  by  a  qualified  elector  during  the  time  of  election. 

No  officer  shall  allow  an  unqualified  elector  to  vote. 

No  officer  shall  count  the  ballot  of  an  elector  more  than  once. 

25 


ELECTORS  AND  ELECTIONS 


DIV.   i     TL.  4 


No  officer  shall  open  or  unfold  any  ballot  presented  by  an  elector. 

No  officer  shall  reveal  how  any  elector  has  voted. 

No  officer  shall  ascertain  or  allow  any  person  to  ascertain  how  an 
elector  has  voted;  Provided,  however,  an  officer  may  assist  a  qualified 
but  incapacitated  elector  to  vote  as  provided  for  in  sections  three  hun- 
dred and  twenty-eight  and  three  hundred  and  twenty-nine. 

No  officer  shall  refuse  a  qualified  elector  the  right  to  vote. 

No  officer  shall  be  guilty  of  any  fraud,  corruption  or  misbehavior 
in  the  receiving  or  canvassing  or  returning  of  votes. 

No  officer  shall  change  any  ballot  voted. 

The  word  officer  as  used  in  this  section  shall  include  judges  and 
clerks  of  election,  county  and  municipal  clerks,  justices  of  the  peace, 
messengers  and  all  others  who  are  in  any  way  connected  with  the  con- 
duct of  an  election  or  the  canvassing  or  returning  thereof.  Any  officer 
violating  any  of  the  provisions  of  this  section,  shall  be  imprisoned  in 
the  penitentiary  not  more  than  five  years  and  not  less  than  one  year, 
or  be  fined  not  more  than  two  thousand  dollars,  and  not  less  than  one 
hundred  dollars,  or  may  be  both  imprisoned  and  fined  as  aforesaid, 
and  shall  forever  thereafter  be  incapacitated  from  holding  any  civil  of- 
fice or  of  exercising  the  elective  franchise  in  Wyoming. 

[S.  L.  1890,  Ch.  So,  Sec.  164.  | 


CHAPTER  7 

BALLOTS 


Sec.  286. 
Sec.  287. 
Sec.  288. 

Sec.  289. 
Sec.  290. 

Sec.  291. 


Ballots  printed  at  public  expense. 
Printing  of  ballots  a  public  charge. 
Ballots  shall  state  propositions 

submitted  to  electors. 
What  ballot  shall  contain. 
Delivery   of  ballots  to    judges    of 

election. 
Ballots  and  stamp  delivered  under 

seal — Receipt. 


Sec.  292. 

Sec.  293. 
Sec.  294. 

Sec.  295. 
Sec.  206. 


Preparation  of  officially  printed 
ballots — Such  only  shall  be  cast. 

Number  of  ballots  to  be  furnished 

Time  of  printing  ballots — Errors 
corrected. 

Order  of  court  correcting  errors. 

Replacing  lost  ballots. 


BALLOTS  PRINTED  AT  PUBLIC  EXPENSE, 

SEC.  286.  All  ballots  cast  in  elections  for  public  officers  (except 
school  district  officers)  shall  be  printed  and  distributed  at  public  ex- 
pense as  provided  for  in  section  two  hundred  and  eighty-seven. 

[S.  L.  1890,  Ch.  So,  Sec.  82.  ] 

PRINTING  OF  BALLOTS  A  PUBLIC  CHARGE. 

SEC.  287.  The  printing  of  ballots  and  cards  of  instruction  for 
the  electors  of  each  county  and  the  delivery  of  the  same  to  the  election 
officers,  as  provided  for  in  section  two  hundred  and  ninety,  shall  be  a 
county  charge,  the  payment  of  which  shall  be  provided  for  in  the 
same  manner  as  the  payment  of  other  county  expenses,  and  the  ex- 
pense of  printing  and  delivering  the  ballots  and  cards  of  instruction 


26 


CH.  7  BALLOTS  #288 

shall  iii  the  case  of  municipal  elections  be  a  charge  upon    the  city  or 
town  in  which  such  election  shall  be  held. 

[S.  Iv.  1890,  Ch.  80,  Sec.  83.] 

BALLOTS  SHALL  STATE  PROPOSITIONS  SUBMITTED  TO  ELECTORS. 

SEC.  288.  Whenever  the  secretary  of  state  has  duly  certified  to 
the  county  clerk  any  question  to  be  submitted  to  a  vote  of  the  people, 
the  county  clerk  shall  have  printed  on  the  regular  ballots  the  question 
in  such  form  as  will  enable  the  electors  to  vote  upon  the  question  so 
presented  in  the  manner  provided  for  in  section  two  hundred  and 
eighty-nine.  The  county  clerk  shall  also  prepare  the  necessary  ballots 
whenever  any  question  is  required  by  law  to  be  submitted  to  the  vote 
of  the  electors  of  any  locality,  and  not  to  the  state  generally,  provided, 
however,  that  in  all  questions  submitted  to  the  voters  of  a  municipal 
corporation  alone,  it  shall  be  the  duty  of  the  municipal  clerk  to  pro- 
vide the  necessary  ballots. 

[S.  L.  1890,  Ch.  80,  Sec.  105.] 

WHAT  BALLOTS  SHALL  CONTAIN. 

SEC.  289. 

First — All  ballots  prepared  under  the  provisions  of  this  chapter 
shall  be  uniform  in  size,  white  in  color,  of  a  good  quality  of  paper, 
sufficiently  thick  that  the  printing  cannot  be  distinguished  from  the 
back,  and  all  printing  thereon  shall  be  in  black  ink. 

Second — Every  ballot  shall  contain  the  name  of  every  candidate 
whose  nomination  for  any  office  specified  in  the  ballot,  has  been  certi- 
fied or  filed  according  to  law,  and  no  other  name. 

Third — All  nominations  made  by  any  political  party  casting  two 
per  cent,  of  the  vote  in  the  state  at  either  of  the  last  two  preceding 
general  elections  shall  be  placed  in  a  separate  column,  and  all  the 
nominations  of  any  such  political  party  shall  be  placed  under  the  name 
of  such  party,  as  designated  by  them  in  their  certificates  of  nomina- 
tion. Only  one  word  shall  be  so  used  on  a  ballot  to  designate  the 
name  of  any  political  party,  as  for  instance:  "Republican,"  "Demo- 
crat," or  "People's." 

Fourth — Any  proposed  constitutional  amendments  or  other  ques- 
tions to  be  submitted  to  the  electors  for  popular  vote,  shall  be  printed 
at  the  foot  of  the  ballot  in  such  convenient  place  as  to  be  readily  dis- 
tinguishable. 

Fifth — The  ticket  of  the  party  having  the  greatest  number  of 
votes  within  the  county  at  the  last  preceding  general  election  shall  be 
placed  first  on  the  ballot,  and  the  position  of  the  other  tickets  shall  be 
governed  relatively  by  the  same  rule.  In  determining  the  number  of 
votes  cast  or  had  by  the  several  political  parties,  reference  shall  only 
be  had  to  the  vote  for  representative  in  congress. 

Sixth — The  name  of  a  candidate  shall  be  printed  upon  the  official 
ballot  once,  and  no  more. 

Seventh — On  the  left  hand  side  of  the  ticket  shall  be  a  column 
designating  the  office  to  be  voted  for,  and  on  the  same  line  in  the  sev- 
al  columns  under  the  appropriate  party  names  all  the  names  of  candi- 
dates nominated  for  that  office  shall  be  printed. 


ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

Eighth — The  names  of  persons  nominated  otherwise  than  by  the 
convention  of  a  party  entitled  to  a  column  on  the  ballot  shall  be  placed 
in  one  or  more  columns  to  the  right  of  the  party  columns  and  under 
the  designation  or  heading  of  "Independent,"  and  after  each  such 
name  shall  be  printed  in  one  word  the  name  of  his  party  or  principle, 
as  given  in  his  certificate  of  nomination. 

Ninth — There  shall  be  a  space  between  the  party  name  at  the  top 
of  each  party  column  and  the  name  of  the  head  of  the  ticket,  of  five 
eighths  of  an  inch  and  in  the  center  of  the  space  under  the  party  name 
there  shall  be  a  square  of  three  eighths  of  an  inch  in  which  the  voter 
by  his  cross  mark  may  declare  that  he  votes  for  all  "the  names  printed 
in  that  column  except  such  as  are  erased,  as  hereinafter  specified. 

Tenth — If  an  elector  desires  to  vote  for  part,  but  not  all  of  the 
candidates  named  in  the  column  of  any  party,  he  may  make  a  cross  in 
the  square  at  the  head  of  that  column  and  erase  the  name  of  each  can- 
didate for  whom  he  does  not  wish  to  vote.  There  shall  be  left  under 
the  name  of  each  candidate  sufficient  space  to  write  another  name 
therein  in  lieu  of  the  one  printed;  and  when  any  name  so  printed  is 
erased  and  another  name  is  written  immediately  thereunder,  it  shall 
be  counted  as  a  vote  for  the  name  so  written  in  lieu  of  the  one  erased. 

Eleventh — On  a  line  with  the  name  of  each  candidate  and  to  the 
right  of  each  column  there  shall  be  a  space  inclosed  in  a  square  in 
which  the  voter  may  make  a  cross  mark  and  thereby  indicate  his 
choice  for  such  candidate  for  that  office.  When  a  voter  votes  for  a 
party  ticket  by  using  the  square  at  the  head  of  the  party  column  and 
erases  the  names  in  that  column,  he  may  then  vote  for  any  other  can- 
didate for  that  office  in  lieu  of  the  name  erased  by  placing  a  cross  in 
the  appropriate  space  opposite  the  name  of  such  other  candidate. 

Twelfth — In  the  preparation  of  the  ballot  the  order  of  arrangement 
of  offices  to  be  filled  shall  be: 

i st.     Presidential  electors,  if  any. 

2nd.    State  offices,  including  justice  of  the  supreme  court. 

3rd.     Representative  in  congress 

4th.     District  judge,  if  any. 

5th.     Members  of  senate  and  house  of  representatives. 

6th.     County  offices. 

7th.     Precinct  offices. 

Thirteenth — Each  ballot  shall  contain  on  the  face  thereof  the  fol- 
lowing specific  instructions  and  no  others,  in  addition  to  the  words 
"official  ballot,"  and  the  name  of  the  state  and  county,  with  the  date 
of  the  election,  to- wit: 

"If  you  desire  to  vote  an  entire  party  ticket,  make  a  cross  in  the 
square  under  the  appropriate  party  name  at  the  head  of  the  ballot.  If 
you  desire  to  vote  for  a  part  and  not  all  of  the  candidates  of  your 
party  make  a  cross  in  the  square  under  the  appropriate  party  name  at 
the  head  of  the  ticket,  and  erase  the  name  of  any  candidate  in  that 
column  for  whom  you  do  not  want  to  vote,  and  make  a  cross  opposite 
the  name  of  the  candidate  you  desire  to  vote  for  in  lieu  of  the  one 

28 


CH.  7  BALLOTS  §290 

erased,  or  write  the  name  you  desire  to  vote  for  in  the  blank  space 
immediately  under  the  name  erased." 

[S.  L.  1897,  Ch.  53,  Sec.  17.] 
State  ex  rel  vs.  Burdick,  46  Pac.  854. 

DELIVERY  OF  BALLOTS  TO  JUDGES  OF  ELECTION. 

SEC.  290.  At  or  before  the  opening  of  the  polls  the  county  clerk 
or  the  municipal  clerk  in  the  case  of  municipal  elections  shall  cause  to 
be  delivered  to  the  judges  of  election  of  each  polling  precinct  which  is 
within  the  county  or  within  the  municipality  in  the  case  of  municipal 
elections,  and  in  which  the  election  is  to  be  held  at  the  polling  place 
of  the  precinct  the  proper  number  of  ballots  as  provided  for  in  section 
two  hundred  and  ninety-three.  He  shall  also  deliver  to  the  said  judges 
a  rubber  or  other  stamp  with  ink  pad  for  the  purpose  of  stamping  or 
designating  the  official  tickets  as  hereinafter  provided.  Said  stamp 
shall  contain  the  words  "official  ballot,"  the  name  and  number  of  the 
polling  precinct,  the  name  of  the  county  or  municipality  as  the  case 
may  be,  the  date  of  the  election,  and  the  name  and  official  designation 
of  the  clerk  who  furnishes  the  tickets. 
Slaymaker  vs.  Phillips,  5  Wyo.  453.  [S.  L.  1890,  Ch.  80,  Sec.  no.] 

BALLOTS  AND  STAMP  DELIVERED  UNDER  SEAL-RECEIPT. 

SEC.  291.  The  ballots  and  stamp  for  each  precinct  shall  be  en- 
closed in  a  package  under  seal,  and  the  person  delivering  them  to  the 
judges  of  election  shall  take  a  receipt  therefor,  and  file  the  same  in  the 
county  or  municipal  clerk's  office,  as  the  case  may  be. 

[S.  L.  1890,  Ch.  80,  Sec.  in.] 

PREPARATION  OF  OFFICIALLY  PRINTED  BALLOTS  —  SUCH;  ONLY 
SHALL  BE  CAST. 

SEC.  292.  Except  as  in  this  title  otherwise  provided,  the  clerk 
of  each  county  shall  provide  printed  ballots  for  every  election  for  pub- 
lic officers,  other  than  city,  town  or  school  district  officers,  in  which 
the  electors  or  any  of  the  electors  within  the  county  participate,  and  to 
cause  to  be  printed  in  the  ballot  the  name  of  every  candidate  whose 
name  has  been  certified  to,  or  filed  with  the  county  clerk  in  the  man- 
ner provided  for  in  this  title.  Ballots  other  than  those  printed  by  the 
respective  county  clerks,  according  to  the  provisions  of  this  title  shall 
not  be  cast  or  counted  in  any  election.  In  all  municipal  elections,  the 
duties  herein  specified  as  devolving  on  the  county  clerk,  shall  devolve 
on  the  municipal  clerk. 

[S.  L.  1890,  Ch.  80,  Sec.  102.] 

NUMBER  OF  BALLOTS  TO  BE  FURNISHED. 

SEC.  293.  The  county  clerk  of  each  county  shall  provide  for 
each  election  precinct  in  the  county  one  hundred  ballots  for  every  fifty 
or  fraction  of  fifty  electors  registered  in  the  precinct,  and  if  there  is  no 
registry  in  the  precinct,  the  county  clerk  shall  provide  ballots  to  the 
number  of  one  hundred  for  every  fifty  or  fraction  of  fifty  electors  who 
voted  at  the  last  preceding  general  election  in  the  precinct;  Provided, 
however,  That  in  municipal  elections  it  shall  be  the  duty  of  the  mu- 
nicipal clerk  to  provide  tickets  as  specified  in  this  section. 

[S.  L    1890-91,  Ch.  ioo,  Sec.  18,  Sub.  6-8.] 

29 


2294  ELECTORS  AND  ELECTIONS  DIV.   i     TL.  4 

TIME  OF  PRINTING  BALLOTS-ERRORS  CORRECTED. 

SEC.  294.  Ballots  shall  be  printed  and  in  possession  of  the 
count}'  clerk  at  least  ten  days,  and  of  a  municipal  clerk  at  least  two 
days,  if  possible,  before  election,  and  subject  to  inspection  by  the  can- 
didates and  their  agents.  If  any  mistake  is  discovered  the  county 
clerk  shall  cause  the  same  to  be  corrected  without  delay. 

[S.  L.  1890,  Ch.  So,  Sec.  n.8  ) 

ORDER  OF  COURT  CORRECTING  ERRORS. 

SEC.  295.  Whenever  it  shall  appear  by  affidavit  that  an  error 
or  omission  has  occurred  in  the  publication  of  the  names  or  description 
of  the  candidates  nominated  for  office,  or  in  the  printing  of  the  ballots, 
the  district  court  of  the  county,  or  the  judge  thereof  shall,  upon  appli- 
cation of  any  elector,  by  order  require  the  county  or  municipal  clerk 
to  correct  such  error,  or  to  show  cause  why  such  error  should  not  be 
corrected. 

[S.  L.  1890,  Ch.  So,  Sec.  109.] 

REPLACING  LOST  BALLOTS. 

SEC.  296.  In  case  the  ballots  to  be  furnished  to  any  voting  pre- 
cinct in  accordance  with  the  provisions  of  this  title,  shall  for  any  rea- 
son not  be  duly  delivered,  or  if  after  delivery  they  shall  be  lost,  de- 
stroyed or  stolen,  the  county  clerk  or  municipal  clerk,  as  the  case  may 
be,  shall  cause  other  ballots  to  be  prepared  substantially  in  the  form 
of  the  ballots  so  wanting.  The  judges  of  election,  upon  the  receipt  of 
said  other  ballots,  shall  make  a  statement  under  oath  that  the  original 
ballots  have  been  lost,  stolen  or  destroyed,  and  that  the  said  clerk  has 
furnished  them  with  the  new  ballots.  The  judges  of  election  shall 
then  cause  the  new  ballots  to  be  used  in  lieu  of  the  original  ballots. 

[S.  L.  1890,  Ch.  80,  Sec.  107.] 


30 


CH.  <S 


CONDUCT  OF  ELECTIONS 


CHAPTER  8 

CONDUCT  OF  ELECTIONS 


Sec.  297. 
Sec.  298. 
Sec.  299. 

Sec.  300. 
.Sec.  301. 
Sec.  302. 

Sec.  303. 
Sec  304. 
Sec.  305. 
Sec.  306. 

Sec.  307. 
Sec.  308. 

Sec.  309. 

Sec.  310. 
Sec.  311. 
Sec  312 

Sec.  313. 
Sec.  314. 
Sec.  315. 

Sec.  316. 
Sec.  317. 

Sec.  318. 
Sec.  319. 


Notices  to  judges  of  special  elec- 
tion. 

Judge  shall  give  notice  of  inability 
to  serve. 

Preparation  of  voting  places  and 
supplies. 

Ballot  box--Hovv  constructed. 

Contents  of  voting  booth. 

Polling  places  shall  not  be  near 
saloons. 

Change  of  polling  place 

Notice  of  change  of  polling  place. 

Space  around  polls. 

Expense  of  polling  places — Utiliz- 
ing public  buildings. 

Number  of  voting  booths. 

Approach  and  departure  from 
polls. 

Electors  privileged  from  arrest — 
When. 

Challengers  inside  polling  place. 

Time  of  keeping  polls  open. 

Proclamation  of  opening  and  clos- 
ing polls. 

Good  order  at  polls. 

Power  of  constable  at  polls. 

Ballot  box — Public  inspection  be- 
fore election— Custody  of. 

No  booths  necessary — When. 

Duty  of  judges  upon  failure  to  re- 
ceive registry  list. 

Cards  of  instruction  to  electors — 
Who  shall  furnish. 

Elector — What  he  may  or  may  not 
co  in  voting — Penalty. 


Sec.  320. 
Sec.  321. 

Sec.  322. 
Sec.  323. 

Sec.  324. 

.Sec.  325. 
Sec.  326. 

Sec.  327. 

Sec.  328. 
Sec.  329. 
Sec.  330. 

Sec.  331. 
Sec.  332. 
Sec.  333. 
Sec.  334. 
Sec.  335. 
Sec.  336. 

Sec.  337. 
Sec.  338. 

Sec.  339. 


Poll  list— How  kept. 

Elector  may  vote  for  anyone — Aids 
to  elector  in  preparing  ballot. 

Oath  of  elector  challenged. 

Oath  identifying  challenged  elec- 
tor. 

Challenged  electors  voting  shall  be 
designated  in  poll  lists. 

Officers  of  election  shall  challenge. 

Administration  of  oath  to  chal- 
lenged elector. 

When  an  elector  who  has  not  reg- 
istered may  vote. 

Judges  may  assist  voter. 

Disabled  elector  may  be  sworn. 

Who  allowed  within  rail — Electors 
shall  not  be  disturbed. 

Booth— Who  may  occupy— Time  of 
occupancy. 

Return  of  spoiled  official  ballots — 
limitation. 

Official  ballots  shall  not  be  re- 
moved. 

Properly  endorsed  official  ballots 
only  shall  be  cast. 

Return  of  spoiled  and  unused  bal- 
lots by  judges  of  election. 

Designation  of  judges  to  deliver 
official  ballots. 

Preparation  of  ballot. 

Elector  may  use  unofficial  ballot 
to  aid  in  marking  official  ballot. 

Casting  of  official  ballot  by  elector. 


NOTICES  TO  JUDGES  OF  SPECIAL  ELECTION. 

SEC.  297.  The  board  of  county  commissioners  shall  within  a 
reasonable  time  notify  the  judges  of  election  appointed  by  them  of  each 
election  taking  place  within  the  county  at  which  such  judges  should 

officiate. 

[S.  L    1890-91,  Ch.  100,  Sec.  14,  Sub.  2.] 

JUDGE  SHALL  GIVE  NOTICE  OF  INABILITY  TO  SERVE. 

SEC.  298.  Whenever  a  judge  of  election  knows  that  he  will  be 
unable  to  officiate  at  an  election,  he  shall  notify  the  county  commis- 
sioners in  writing  within  a  reasonable  period  before  such  election,  that 
he  will  be  unable  to  serve  thereat. 

[S.  L.  1890-91,  Ch.  TOO,  Sec.  14,  Sub    3.] 

PREPARATION  OF  VOTING  PLACES  AND  SUPPLIES. 

SEC.  299.  The  sheriff  of.  the  county  in  general  and  county  elec- 
tions and  the  city  marshal  in  municipal  elections,  shall  provide  in  each 
polling  place  designated  by  them,  a  sufficient  number  of  places,  booths 
or  compartments,  which  shall  be  furnished  with  such  supplies  and 
conveniences  as  shall  enable  the  voter  conveniently  to  prepare  his  ballot 
for  voting,  and  in  which  electors  may  mark  their  ballots  screened  from 
observation,  and  a  guard  rail  so  constructed  that  only  persons  within 


ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

such  rail  can   approach    within    ten    feet    of    the   ballot    boxes,  or  the 
places,  booths  or  compartments  herein  provided  for. 

[S.  L.  1890,  Ch.  So,  Sec.  112.] 

BALLOT  BOX-HOW  CONSTRUCTED. 

SEC.  300.  There  shall  be  provided  at  the  expense  of  the  county, 
for  each  polling  precinct,  a  substantial  ballot  box  or  canvas  pouch 
with  a  secure  lock  and  key.  There  shall  be  one  opening  and  no  more, 
in  such  box  or  canvas  pouch,  of  sufficient  size  to  admit  a  single  folded 
ballot.  The  adoption  of  the  canvas  pouch  to  be  used  instead  of  the 
ballot  box,  in  any  precinct,  shall  be  optional  with  the  commissioners 
of  each  county,  but  in  such  precincts,  where  pouches  are  so  adopted, 
the  pouches  shall  be  returned  to  the  county  clerk  together  with  the 
other  election  returns,  as  by  law  provided. 

[As  amended  by  Ch.  15,  Laws  1903.] 

CONTENTS  OF  VOTING  BOOTH. 

SKC.  301.  The  voting  booth  shall  not  contain  anything  except 
the  card  of  instructions  and  the  sample  ballot,  each  of  which  shall  be 
posted5 therein,  and  necessary  writing  and  marking  materials  to  enable 
the  voter  to  speedily  mark  his  ballot.  The  marking  materials  should 
be  lead  pencils  whenever  it  is  practicable  to  obtain  the  same,  and  ink 
should  not  be  used,  if  it  can  be  avoided.  There  shall  not  be  in  said 
voting  booths  any  placards,  notices  or  devices  of  any  kind  whatsoever 
to  call  the  attention  of  the  voter  to  any  candidate,  or  to  urge  the  voter 
to  vote  for  any  candidate;  neither  .shall  the  booth  contain  anything 
for  the  use  or  comfort  of  the  voter,  whereby  the  claims  of  any  candi- 
date are  directly  or  indirectly  urged  upon  the  voter.  The  judges  of 
election  shall  see  that  the  above  instructions  are  strictly  complied  with. 

[S.  L.  1890-91,  Ch.  loo,  vSec.  21.  j 

POLLING  PLACES  SHALL  NOT  BE  NEAR  SALOONS. 

SEC.  302.  No  election  shall  be  held  nor  shall  any  election  be  ap- 
pointed to  be  held  in  any  saloon  or  bar-room  or  in  any  room  or  place 
contiguous  or  adjoining  thereto.  Should  any  place  be  designated  or 
appointed  for  holding  an  election  in  violation  hereof,  or  become  subject 
to  such  objection  after  having  been  so  designated,  the  judges  of  elec- 
tion shall  have  power  to,  and  they  shall  on  or  before  the  day  of  such 
election  and  before  the  opening  of  the  polls  on  such  day,  procure  a 
suitable  place  as  near  thereto  as  may  not  be  subject  to  like  objections. 
The  judges  shall  meet  at  the  place  first  designated  at  the  time  for 
opening  the  poll,  and  after  any  vacancies  in  their  number  shall  have 
been  filled,  adjourn  to  the  place  chosen  by  them  and  at  the  time  of 
such  adjournment  give  public  notice  of  such  change  as  provided  for  in 
section  three  hundred  and  four,  and  all  expense  attending  such  change 
shall  be  certified  by  the  judges  to  the  proper  authorities,  and  shall  be 
allowed  and  paid  accordingly. 

[S.  L.  1890,  Ch.  80,  Sec.  69.] 

CHANGE  OF  POLLING  PLACE. 

SKC.  303.  Whenever  it  shall  become  impossible  or  inconvenient 
to  hold  an  election  at  the  place  designated  therefor,  the  judges  of 

32 


CH.  8  CONDUCT  OF  ELECTIONS  £304 

election,  after  having  assembled  at  or  as  near  as  practicable  to  such 
place,  and  before  receiving  an}-  vote  may  change  to  the  nearest  con- 
venient place  for  holding  the  election,  and  at  such  changed  place  forth- 
with proceed  with  the  election. 

[S.  L.  1890,  Ch.  80,  vSec.  70.] 

NOTICE  OF  CHANGE  OF  POLLING  PLACE. 

SEC.  304.  Upon  changing  the  place  of  any  election  as  provided 
in  either  of  the  next  two  preceding  sections,  the  judges  shall  cause 
proclamation  thereof  to  be  made  and  shall  station  a  constable  or  some 
other  proper  person  at  the  place  from  which  the  change  was  made  to 
notify  all  electors  arriving  at  such  place  of  the  change  and  the  place  to 
which  it  was  made. 

[S.  L.  1890,  Ch.  80,  Sec  71.] 

SPACE  AROUND  POLLS. 

SEC.  305.  A  space  of  twenty  feet  in  every  direction  from  the 
polls  shall  be  kept  open  and  clear  of  all  persons,  except  one  challenger 
of  good  conduct  and  behavior,  selected  by  each  political  party  to  de- 
tect and  challenge  illegal  voters;  Provided,  That  where  the  polling 
place  is  in  an  established  building,  or  it  would  entail  unnecessary  expense 
upon  the  county  to  build  such  a  polling  booth,  the  space  of  twenty 
feet  need  only  be  in  such  direction  from  the  building  and  in  such  way 
as  would  leave  a  clear  space  for  the  easy  entrance  and  exit  of  all  elec- 
tors, to  and  from  the  polling  place,  without  the  hindrance  or  molesta- 
tion of  any  one. 

[S.  L.  1890-91,  Ch.  100,  Sec.  17.] 

EXPENSE  OF  POLLING  PLACES— UTILIZING  OF  PUBLIC  BUILDINGS. 

SEC.  306.  The  expenses  of  providing  %  such  plans  or  compart- 
ments and  guard  rails  shall  be  a  public  charge,  and  shall  be  provided 
for  in  the  same  manner  as  the  other  election  expenses.  In  all  cases 
where  it  is  practicable  to  utilize  a  building  already  constructed,  the 
county  commissioners  may  use  the  same,  or  any  school  house  or  other 
public  building;  Provided,  That  in  the  use  thereof  the}7  can  secure  a 
substantial  compliance  with  the  law. 

[S.  L.  1890-91,  Ch.  ioo,  Sec.  19.] 

NUMBER  OF  VOTING  BOOTHS. 

SEC.  307.  The  number  of  such  places,  booths  or  compartments 
shall  not  be  less  than  one  for  every  one  hundred  electors,  or  fraction 
thereof,  registered  in  the  precinct. 

[S.  L.  1890,  Ch.  80,  Sec.  114.] 

APPROACH  AND  DEPARTURE  FROM  POLLS. 

SEC.  308.  The  voters  shall  approach  the  polling  place  from  one 
direction  and  depart  in  another. 

[S.  L    1-890,  Ch.  80,  Sec.  73.] 

ELECTORS  PRIVILEGED  FROM  ARREST- WHEN. 

SEC.  309.  Electors  shall,  in  all  cases,  except  in  those  of  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance on  the  elections,  and  in  going  to  and  returning  from  the  same. 

[S.  L.  1890,  Ch.  80,  Sec.  74.] 

33 


ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

CHALLENGERS  INSIDE  POLLING  PLACE. 

SEC.  310.  The  judges  of  election  shall  permit  at  least  one  and 
not  more  than  two  legal  voters  of  each  party  to  the  contest,  to  be 
chosen  by  the  parties  respectively,  to  enter  the  room  where  the  elec- 
tion is  held  to  act  as  challengers  of  voters,  and  to  remain  during  the 
time  that  the  votes  are  being  canvassed  and  the  returns  made  up;  such 
challengers  shall  be  residents  of  the  precincts  in  which  they  act  as 
such. 

[S.  L.  1897,  Ch.  53,  Sec.   n.] 

TIME  OF  KEEPING  POLLS  OPEN, 

SEC.  311.  At  all  elections  a  poll  shall  be  opened  at  the  place  of 
election.  At  each  polling  precinct  such  poll  shall  be  opened  as  soon 
after  9  o'clock  in  the  forenoon  as  possible,  and  shall  be  kept  open  with- 
out any  adjournment  until  5  o'clock  in  the  afternoon,  at  which  time 
such  poll  shall  be  closed. 

[S.  L.  1897,  Ch.  53,  Sec.  10.] 

PROCLAMATION  OF  OPENING  AND  CLOSING  POLLS. 

SEC.  312.  When  opening  the  polls,  one  of  the  clerks  or  judges 
of  the  election  shall  make  proclamation  of  the  same  and  at  least  thirty 
minutes  before  the  closing  of  the  poll  proclamation  shall  be  made  111 
like  manner  of  the  time  when  the  polls  will  be  closed. 

[S.  L.  1890,  Ch.  80,  vSec.  66.f 

GOOD  ORDER  AT  POLLS. 

SEC.  313.  The  judges  of  election  may  appoint  some  constable, 
if  there  shall  be  one  present,  to  preserve  order  at  and  about  the  polls. 
If  no  officer  be  in  attendance,  the  judges  of  the  election  may  appoint 
one,  and  he  shall  have  the  powers  of  a  regular  constable  and  be  obeyed 
as  such. 

[S.  L.  1890,  Ch.  80,  Sec.  67.1 

POWER  OF  CONSTABLE  AT  POLLS. 

SEC.  314.  Any  constable  attending  such  election,  or  person  ap- 
pointed by  the  judges  as  such,  may  arrest  any  disorderly  person  or 
suppress  any  riot  or  disorder  without  a  warrant,  and  may  call  a  suffi- 
cient number  of  persons  to  his  aid. 

[S.  L.  1890,  Ch.  80,  vSec.  68.] 

BALLOT   BOX-PUBLIC   INSPECTION    BEFORE    ELECTION  -  CUSTODY 
OF. 

SEC.  315.  Before  any  ballot  shall  be  deposited  in  the  ballot  box, 
the  box  shall  be  publicly  opened  and  exhibited  and  the  judges  and 
clerks  shall  see  that  no  ballot  is  in  such  box;  after  which  the  box 
shall  be  locked  and  the  key  delivered  to  one  of  the  judges  to  be  desig- 
nated by  the  others,  and  shall  not  again  be  opened  until  the  close  of 
the  polls.  The  ballot  box  shall  not  be  removed  from  the  presence  of 
the  judges  or  clerks  of  election  after  locking  said  box  as  herein  pro- 
vided until  all  the  ballots  shall  be  counted  and  poll  lists  made  of  all  the 
names  on  said  ballots.  % 

[S.  L.  1890,  Ch.  So,  Sec    81.] 

34 


CH.  S  CONDUCT  OF  ELECTIONS 

NO  BOOTHS  NECCESSARY-WHEN. 

SEC.  316.  In  precincts  containing  less  than  fifty  voters  as  shown 
by  the  last  preceding  election  returns,  the  election  may  be  conducted 
under  the  provisions  of  this  title  without  the  preparation  of  such 
booths  or  compartments  as  required  by  this  chapter. 

[S.  L.  1890-91,  Ch.  loo,  Sec.  20.] 

DUTY  OF  JUDGES  UPON  FAILURE  TO  RECEIVE  REGISTRY  LIST. 

SEC.  317.  If  any  registry  agent  or  any  county  commissioner  fail 
or  refuse  to  furnish  the  judges  of  election  of  any  precinct  lists  of  the 
registered  voters  in  said  precincts,  as  provided  for  in  sections  two  hun- 
dred and  fifty-eight  and  two  hundred  and  sixty-four,  the  judges  of 
election  are  authorized  to  take  a  copy  of  the  written  list  of  registered 
voters  in  said  precinct  as  provided  for  in  'this  title,  and  conduct  the 
election  in  said  precinct  in  accordance  with  the  provisions  of  this  chap- 
ter, and  their  returns  shall  show  the  reasons  for  using  such  written 
list  instead  of  the  registered  list  of  such  election. 

[S.  L.  1890,  Ch.  80,  Sec.  37.] 

CARDS  OF  INSTRUCTION  TO  ELECTORS- WHO  SHALL  FURNISH. 

SEC.  318.  The  county  clerk  of  each  county  or  municipal  clerk, 
as  the  case  may  be,  shall  cause  to  be  printed  in  large  type  on  cards  in 
English,  instructions  for  the  guidance  of  electors  in  preparing  their 
ballots.  He  shall  furnish  six  of  such  cards  to  the  judges  of  election  in 
each  election  precinct,  and  one  additional  card  for  each  one  hundred  reg- 
istered electors,  or  fractional  part  thereof  in  the  precinct,  at  the  same 
time  and  in  the  same  manner  as  printed  ballots.  The  judges  of  elec- 
tion shall  post  not  less  than  one  of  such  cards  in  each  place  or  com- 
partment provided  for  the  preparation  of  ballots  and  not  less  than 
three  of  such  cards  elsewhere,  in  and  about  the  polling  places,  upon  the 
day  of  election.  Said  cards  shall  be  printed  in  large  clear  type,  and 
shall  contain  full  instructions  to  the  voter  as  to  what  should  be  done, 
viz: 

1.  To  obtain  ballots  for  voting. 

2.  To  prepare  the  ballots  for  deposit  in  the  ballot  boxes. 

3.  To  obtain  a  new  ballot  in  the  place  of  one  spoiled  by  accident 
or   mistake.       Said    card    shall     also     contain     a    copy     of    sections 
three  hundred  and  nineteen  and  four  hundred  and  seventeen.     There 
shall  also  be  posted  in  each  of  the  compartments  or  booths  one  of  the 
official  tickets,  without  the  official  stamp  herein  provided  for,   and  not 
less  than  three  of  such  tickets  posted  elsewhere  in  and  about  the  poll- 
ing places  upon  the  day  of  election. 

[S.  L.  1890,  Ch.  80,  vSec.  117.] 

ELECTOR- WHAT  HE  MAY  OR  MAY  NOT  DO  IN  VOTING. 

SEC.  319. 

1 .  No  person    shall  vote  or  offer  to  vote  at   any   election  except 
he  shall  be  a  qualified  elector. 

2.  No  person  shall  vote  in  the  name  of  any  registered  elector  ex- 
cept his  own. 

3.  No  person  shall  vote  more  than  once  at  any  election. 


ELECTORS  AND  ELECTIONS  DIV.   i     TL.  4 

^.      No  person  shall  aid  or  abet  any  unqualified  person  to  vote. 

5.  No  person,  other  than  the  properly  designated  election  officer, 
shall  put  any  ballot  or  thing  into  a  ballot  box. 

6.  No  person  shall  either  directly   or  indirectly   employ,  engage 
or  hire  any  one,  for  any  fee  or  reward   or   promise  thereof,  to  secure 
the  election  or  defeat  of  an}-  candidate  for  office. 

7.  No  person  shall  receive  or  demand,    either   directly   or  indi- 
rectly, any  fee  or  reward  for  aid  given  to  secure  the  election  or  defeat 
of  any  candidate  for  office. 

8.  No  person  shall  attempt  to  influence  the  vote  of   any   elector 
by  means  of  a  promise  or  a  favor,  or  by  means  of  violence  or   threats 
of  violence,  or  threats  of  withdrawing  custom  or  dealing  in  business  or 
trade,  or  enforcing  the  payment  of  a  debt,    or  discharging  from  em- 
ployment, or  bringing  a  suit  or  criminal   prosecution,    or  any   other 
threat  of  injury  to  be  inflicted  by  him,  or  by  any  other  means. 

9.  No  person  shall  in  any  way  offer  a  bribe  to  an  elector  to  influ- 
ence his  vote. 

10.  No  person  shall  prevent  or  attempt  to  prevent  any  qualified 
elector  from  voting. 

1 1 .  No  person  shall  give  or  offer   to  give  any  valuable  thing  or 
bribe  to  any  officer,  judge  or  clerk  of  election,  as  a  consideration  for 
some  act  to  be  done  or  omitted  to  be  done,  contrary  to  his  official  duty, 
in  relation  to  any  election. 

12.  No  officer  of  election  shall  do  any  electioneering  on  election 
day. 

13.  No  person  whatsoever  shall  do  any  electioneering  on  election 
day  within  any  polling  place,  or  any  building  in  which  an  election  is 
being  held,  or  within  twenty  yards  thereof,  nor  obstruct  the  doors  or 
entries  thereto,  or  prevent  free  ingress  to  and  egress  from  such  build- 
ing or  place. 

14.  No  person  shall  remove  any  ballot  from  the  polling  place  be- 
fore the  closing  of  the  polls. 

15.  No  person  shall  show  his  ballot   after  it  is  marked    to  any 
person  in  such  a  way  as  to  reveal  the  contents  thereof,  or  the  name  of 
the  candidate  or  candidates  for  whom   he  has  marked  his  vote,  nor 
shall  any  person  solicit  any  elector  to  show  the  same. 

1 6.  No  person  except  a  judge  of  election  shall  receive  from  any 
elector  any  ballot  prepared  for  voting. 

17.  No  elector  shall  receive  a  ballot  from  any  other  person  than 
one  of  the  judges  of  election  having  charge  of  the  ballots,  nor  shall 
any  person  other  than  such  judge  of  election  deliver  a  ballot   to  such 
elector. 

1 8.  No  elector  shall  vote  or  offer  to  vote  any  ballot  except  such 
as  he  has  received   from   a  judge  of  election   having  charge  of  the 
ballots. 

19.  No  elector  shall  place  any  mark  upon  his  ballot  by  which  it 
may  afterwards  be  identified  as  the  one  voted  by  him. 

36 


CH.  8  CONDUCT  OF  ELECTIONS  ^320 

20.  Every  elector  who  does  not  vote  a  ballot  delivered  to  him  by 
the  judges  of  election  having  charge  of  the   ballots,  shall,  before  leav- 
ing the  polling  place,  return  such  ballot  to  said  judges. 

21.  No  person  shall  ascertain,    or   publish,    or   reveal   how   any 
elector  voted  at  any  election. 

22.  Whoever  shall  violate  any  of  the  provisions  of   this   section 
shall  be  imprisoned  in  the  county  jail  not  to  exceed  six  months,  or  be 
fined  not  to  exceed  five  hundred  dollars,  or  both. 

[S.  L.  1890,  Ch.  80,  Sec.  174.] 

POLL  LIST-HOW  KEPT. 

SEC.  320.  Each  clerk  of  election  shall  keep  a  poll  list,  which 
shall  contain  a  column  headed  "number,"  and  another  headed  "names 
of  voters."  The  name  of  each  elector  voting  shall  be  entered  upon 
each  of  the  poll  books  of  the  respective  clerks  in  regular  succession 
under  the  proper  headings  and  the  number  of  such  voter  placed  oppo- 
site his  or  her  name  in  the  column  headed  ''number." 

[S.  L.  1890,  Ch.  80,  Sec.  64.] 

ELECTOR  MAY  VOTE  FOR  ANYONE— AIDS  TO   ELECTOR    IN   PRE- 
PARING BALLOT. 

SEC.  321.  Nothing  herein  contained  shall  prevent  any  voter 
from  writing  on  his  ballot  the  name  of  any  person  for  whom  he  de- 
sires to  vote  for  any  office,  and  such  vote  shall  be  counted  the  same  as 
if  printed  upon  the  ballot  and  marked  by  the  voter.  Any  voter  may 
take  with  him  into  the  polling  place  any  printed  or  written  memoran- 
dum or  paper  to  assist  him  in  marking  or  preparing  his  ballot,  except 
as  otherwise  provided  in  section  three  hundred  and  thirty-eight. 

[S.  L.  1890,  Ch.  80,  Sec.  103.] 

OATH  OF  ELECTOR  CHALLENGED. 

SEC.  322.  Any  person  offering  to  vote  may  be  challenged  and  he 
shall  not  vote  until  he  has  taken  the  following  oath  administered  by 
one  of  the  judges  of  election: 

"You  do  solemly  swear  (or  affirm)  that  you  are  the  identical  per- 
son whom  you  represent  yourself  to  be,  and  who  is  registered  in 
this  precinct  at  this  election,  and  that  you  have  not  votecl  at  this  elec- 
tion." 

fS.  L.  1890,  Ch.  80,  Sec.  76.] 

OATH  IDENTIFYING  CHALLENGED  ELECTOR. 

SEC.  323.  Such  elector  so  sworn  shall  also  before  voting  deliver 
to  the  judges  of  election  an  affidavit  signed  by  two  qualified  electors 
of  that  precinct,  stating  that  the  person  offering  to  vote,  naming  him, 
is  the  identical  person  whom  he  represents  himself  to  be,  and  that  the 
deponents  have  each  known  him  for  at  least  six  months,  and  that 
they  believe  him  to  be  a  qualified  elector.  Such  affidavit  shall  have 
attached  thereto  the  jurat  of  the  officer  administering  the  oath,  which 
jurat  shall  bear  date  the  day  of  the  election  at  which  such  person  of- 
fers to  vote,  and  shall  be  returned  by  the  judges  of  the  election  with 
other  election  papers. 

[S.  L.  1890,  Ch.  80,  Sec.  76.) 

37 


ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

CHALLENGED   ELECTORS  VOTING    SHALL  BE  DESIGNATED  IN  POLL 
LISTS. 

SEC.  324.  The  clerks  of  election  shall  write  after  the  name  of 
every  person  who  has  been  challenged  and  voted  the  word  "sworn," 
and  the  names  of  the  electors  making  affidavit  to  the  qualifications  of 
the  person  voting. 

[S.  L.  1890,  Ch.  80,  Sec.  77.] 

OFFICERS  OF  ELECTION  SHALL  CHALLENGE, 

SEC.  325.  Each  judge  or  clerk  of  the  election  shall  challenge 
any  person  whom  he  shall  know  or  suspect  of  not  being  a  qualified 
elector. 

[S.  L.  1890,  Ch.  80,  Sec.  78.] 

ADMINISTRATION  OF  OATH  TO  CHALLENGED  ELECTOR. 

SEC.  326.  The  oath  in  each  case  where  challenge  is  given  may 
be  administered  by  either  of  the  judges  of  election  or  by  any  officer, 
resident  in  the  precinct,  or  district,  authorized  by  law  to  administer 
oaths. 

[S.  L.  1890,  Ch.  80,  Sec.  79.] 

WHEN  AN  ELECTOR  WHO  HAS  NOT  REGISTERED  MAY  VOTE. 

SEC.  327.  At  all  elections  each  qualified  elector  who  shall  not 
have  registered  as  a  voter  according  to  law,  shall  be  entitled  to  vote 
thereat,  if  the  failure  to  register  is  caused  by  sickness  or  absence  dur- 
ing the  last  preceding  registration  period.  But  before  such  person's 
vote  shall  be  accepted,  he  shall  make  an  affidavit  in  writing,  duly  cor- 
roborated by  the  affidavit  of  twro  qualified  electors  of  the  precinct  at 
which  he  offers  to  vote,  that  he  is  a  qualified  elector  of  the  state  and 
of  the  precinct  in  which  he  offers  to  vote,  giving  his  place  of  residence, 
as  near  as  may  be,  and  stating  the  length  of  time  he  has  resided  in 
his  county  and  in  the  state,  and  that  such  person  offering  to  vote  was 
absent  or  by  sickness  unable  to  register  during  the  last  preceding  reg- 
istration period.  Such  affidavit  shall  be  administered  by  one  of  the 
judges  of  election,  without  charge,  and  it  shall  be  returned  by  them 
with  the  poll  lists. 

[S.  L.  1890-91,  Ch.  100,  Sec.  13.] 

JUDGES  MAY  ASSIST  VOTER. 

SEC.  328.  Any  voter  who  declares  to  the  judges  of  election,  that 
he  or  she  cannot  read,  in  case  such  person  wras  a  voter  on  the  tenth 
day  of  July,  A.  D.  1890,  or  that  by  blindness  or  other  physical  disa- 
bility, he  or  she  is  unable  to  mark  his  or  her  ballot,  shall  upon  re- 
quest, receive  the  assistance  of  two  of  the  election  officers,  who  shall 
not  be  members  of  the  same  political  party,  in  the  marking  thereof, 
and  such  officers  shall  certify  on  the  outside  thereof  that  it  was  so 
marked  by  their  assistance,  and  shall  thereafter  give  no  information 
regarding  the  same. 

[vS.  L.  .895,  Ch.  48-l 

DISABLED  ELECTOR  MAY  BE  SWORN. 

SKC.  329.  Either  of  the  judges  may  require  such  declaration  of 
disability  to  be  made  by  the  voter  under  oath  before  them,  and  they 

38 


CH.  S  CONDUCT  OF  ELECTIONS  $330 

are  hereby  qualified  to  administer  the  same.  No  elector  other  than 
one  who  may,  because  of  his  disability  to  read,  or  physical  disability, 
be  unable  to  mark  his  ballot,  shall  divulge  to  any  one  within  the  poll- 
ing place  the  name  of  any  candidate  for  whom  he  intends  to  vote  or 
to  ask  or  receive  the  assistance  of  any  person  within  the  polling  place 
in  the  preparation  of  his  ballot. 

[S.  L.  1890,  Ch.  So,  Sec.  127.] 
Slaymaker  vs.  Phillips,  5  Wyo.  453. 

WHO    ALLOWED    WITHIN    RAIL  -  ELECTORS    SHALL    NOT    BE    DIS- 
TURBED. 

SEC.  330.  No  person  other  than  electors  engaged  in  receiving, 
preparing  or  depositing  their  ballots,  or  a  person  present  for  the  pur- 
pose of  challenging  the  vote  of  an  elector  about  to  cast  his  ballot  shall 
be  permitted  to  be  within  the  rail,  and  in  case  of  small  precincts  wrhere 
places,  booths  and  compartments  are  not  required,  no  persons  engaged 
in  preparing  their  ballots  shall  in  any  way  be  interfered  with  by  any 
person  unless  it  be  some  one  authorized  by  the  provisions  of  this  title 
to  assist  him  or  them  in  preparing  his  or  their  ballots. 

[S.  L.  1890,  Ch.  80,  Sec.  116.] 

BOOTH- WHO  MAY  OCCUPY— TIME  OF  OCCUPANCY, 

SEC.  331.  Not  more  than  one  person  shall  be  permitted  to  oc- 
cupy any  one  booth  at  any  one  time,  and  no  person  shall  remain  in  or 
occup)'  a  booth  or  compartment  longer  than  may  be  necessary  to  pre- 
pare his  ballot  and  in  no  event  longer  than  five  minutes,  if  the  other 
booths  or  compartments  are  occupied. 

[S.  L.  1890,  Ch.  80,  Sec.  123.] 

RETURN  OF  SPOILED  OFFICIAL  BALLOTS— LIMITATION. 

SEC.  332.  Any  voter  who  shall  by  accident  or  mistake  spoil  his 
ballot  may,  on  returning  such  spoiled  ballot,  and  not  otherwise,  re- 
ceive another  in  place  thereof,  but  no  voter  shall  receive  more  than 
three  ballots  altogether. 

[S.  L.  1890,  Ch.  So,  Sec.  124.] 

OFFICIAL  BALLOTS  SHALL  NOT  BE  REMOVED. 

SEC.  333.  No  person  shall  take  or  remove  any  ballot  from  the 
polling  place  before  the  close  of  the  polls. 

[S.  L.  1890,  Ch   80,  Sec.  125  ] 

PROPERLY  ENDORSED  OFFICIAL  BALLOTS  ONLY  SHALL  BE  CAST. 

SEC.  334.  No  judge  of  election  shall  deposit  in  any  ballot  box 
any  ballot  upon  which  the  official  endorsement  herein  provided  for 
does  not  appear. 

[S.  L.  1890,  Ch.  80,  Sec.  128.] 
Slaymaker  vs.  Phillips,  5  Wyo.  453. 

RETURN  OF  SPOILED  AND  UNUSED  BALLOTS  BY  JUDGES  OF   ELEC- 
TION. 

Sec.  335.  All  ballots  spoiled  by  the  voter  shall  by  the  judges  be 
immediately  cancelled  and  together  with  those  not  distributed  to  vot- 
ers shall  be  preserved  and  all  returned  to  the  county  or  municipal 

39 


#336  ELECTORS  AND  ELECTIONS  DIV.   i     TL.  4 

clerk  as  the  case  may  be,  when  the  returns  required   by   section    three 
hundred  and  forty  three  are  made. 

[S.  L.  1890,  Ch    So,  Sec.  129.] 

DESIGNATION  OF  JUDGES  TO  DELIVER  OFFICIAL  BALLOTS. 

SEC.  336.  At  each  election  the  judges  of  election  shall  designate- 
two  of  said  judges  who  shall  deliver  the  ballots  to  the  qualified  elec- 
tors. Before  the  delivering  of  any  ballot  to  an  elector  the  said  judges 
shall  print  on  the  back  and  near  the  top  of  the  ballot  with  a  rubber  or 
other  stamp  provided  for  that  purpose  the  designation  "Official  Bal- 
lot," and  the  other  words  on  the  said  stamp  as  provided  for  in  section 
two  hundred  and  ninety;  and  one  of  the  said  judges  shall  write  his 
name  or  initials  upon  the  back  of  each  ballot,  and  directly  under  the 
said  official  stamp.  No  number  or  any  mark  for  identification  shall 
be  put  upon  any  official  ballot  except  as  herein  provided.  Each  qual- 
ified elector  shall  receive  from  the  said  judges  one  ballot  prepared  as 
aforesaid . 

[S.  L.  1890,  Ch.  S<>,  Sec.  119  ] 
Slaymaker  vs.  Phillips,  5  Wyo.  453. 

PREPARATION  OF  BALLOT. 

SEC.  337.  On  receipt  of  his  ballot,  the  elector  shall  forthwith 
and  without  leaving  the  polling  place,  retire  alone  to  one  of  the  places, 
booths  or  compartments  provided  for  that  purpose  and  there  prepare 
his  ballot  as  indicated  in  section  two  hundred  and  eighty-nine. 

[S.  L.  1897/011.  53,  Sec.  18.] 
Slaymaker  vs.  Phillips,  5  Wyo.  453. 

ELECTOR  MAY  USE  UNOFFICIAL  BALLOT  TO  AID  IN  MARKING  OF- 
FICIAL BALLOT. 

SEC.  338.  In  marking  a  ballot  any  elector  shall  be  at  liberty  to 
use  or  copy  any  unofficial  sample  ballot  which  he  may  choose  to  mark 
or  have  marked  previous  to  entering  the  polling  place  or  booth,  but  no 
elector  shall  be  at  liberty  to  use,  and  no  person  shall  print,  have  print- 
ed, or  have  in  his  possession,  any  unofficial  or  sample  ballot  unless  the 
same  is  printed  on  red,  yellow  or  blue  paper,  and  is  plainly  marked  at 
the  top  thereof  "Sample  Ballot/' 

[S.  L.  1897,  Ch.  53-  vSec.  19.] 

CASTING  OF  OFFICIAL  BALLOT  BY  ELECTOR. 

SEC.  339.  After  preparing  his  ballot  the  elector  shall  fold  it  so 
that  the  face  of  the  ballot  will  be  concealed,  and  so  that  the  endorse- 
ment thereon  may  be  seen.  He  shall  then  vote  forthwith  and  before 
leaving  the  polling  place. 

[S.  L.  1890,  Ch.  So,  Sec    122.] 
Slaymaker  vs.  Phillips,  5  Wyo.  453. 


40 


CH.  9 


CANVASS  AND  RETURNS  OF  ELECTION 


CHAPTER  9 


CANVASS  AND  RETURNS  OF  ELECTION 


Sec.  340.     Canvass  of  ballots  cast. 

Sec.  341.  Only  properly  endorsed  official 
ballots  shall  be  counted. 

Sec.  342.  Record  and  certificate  of  ballots 
cast. 

Sec.  343.  Delivery  of  election  records  and 
returns. 

Sec.  344.     Preservation  of  official  ballots  cast. 

Sec  345.  Informality  in  delivery  of  returns 
shall  not  invalidate  vote. 

Sec.  346.  Messenger  for  county  election  re- 
turns. 


vSec.  347.     Abstract  of  votes  and  certificate  of 

election. 
Sec.  348.     All    returns    shall  be  counted  by 

canvassing  board. 
Sec.  349.     Certificate   of  election   returns  by 

county  clerk  to  secretary  of  state. 
Sec    350.     Messenger  from  secretary  of  state 

to  secure  election  returns. 
Sec.  351.     State  canvassing  board — Notice  of 

election. 


CANVASS  OF  BALLOTS  CAST. 

SEC.  340.  As  soon  as  the  polls  of  the  election  shall  be  closed  the 
judges  shall  proceed  immediately  to  canvass  the  vote  given  and  shall 
continue  without  adjournment  until  the  canvass  is  completed.  The 
canvass  must  commence  by  a  comparison  of  the  poll  lists  and  they 
must  be  made  to  agree;  the  ballot  box  shall  then  be  opened  and  the 
ballots  counted  by  the  judges  and  clerks  unopened,  and  if  there  are 
more  ballots  than  names  upon  the  poll  list,  the  ballots  must  be  re- 
turned to  the  box,  shaken  up,  and  one  of  the  judges  shall  draw  from 
such  box  ballots  enough  to  make  the  remainder  agree  with  the  poll 
list,  which  ballots  so  drawn  shall  be  destroyed,  and  two  or  more  bal- 
lots being  found  so  folded  as  to  bear  the  appearance  of  having  been 
voted  by  one  person  shall  not  be  counted,  but  preserved  with  the  poll 
books;  the  poll  list  and  ballots  being  made  to  agree,  the  judges  and 
clerks  shall  then  proceed  to  count  and  ascertain  the  number  of  votes 
for  each  person  named  upon  such  ballots. 

[S.  L.  1890,  Ch.  80,  Sec.  131.] 
Slavmaker  vs.  Phillips,  5  Wyo.  453. 

ONLY     PROPERLY     ENDORSED     OFFICIAL     BALLOTS     SHALL     BE 
COUNTED. 

SEC.  341.  In  the  canvass  of  the  votes  any  ballot  which  is  not 
endorsed  by  the  official  stamp  or  has  not  the  name  or  initials  of  the 
judge  of  election  as  provided  in  this  title,  shall  be  void,  and  shall  not 
be  counted.  Any  ballot  or  parts  of  a  ballot  from  which  it  is  impossi- 
ble to  determine  the  elector's  choice  shall  be  void  and  shall  not  be 
counted;  Provided,  That  when  a  ballot  is  sufficiently  plain  to  gather 
therefrom  a  part  of  the  voter's  intention,  it  shall  be  the  duty  of  the 
judges  of  election  to  count  such  part. 

[S.  L.  1890,  Ch.  -So,  Sec.  130.] 
Slaymaker  vs.  Phillips,  5  Wyo.  453. 

RECORD  AND  CERTIFICATE  OF  BALLOTS  CAST. 

SEC.  342.  When  the  votes  shall  have  been  examined  and  count- 
ed the  clerks  shall  set  down  in  their  poll  books  the  total  number  of 
persons  voting  in  such  precinct  at  such  election;  the  name  of  every 
person  voted  for,  written  at  full  length;  the  office  for  which  such 


£343  ELECTORS  AND  ELECTIONS  DIV.   i     Tl,.  4 

person  receives  such  vote,  and  the  number  he  did  receive,  the  numbers 
being  expressed  in  words  at  full  length,  and  also  in  figures,  such  en- 
try to  be  made  substantially  in  the  following  form,  to- wit: 

"At  an  election  held  in  Polling  Precinct  No in 

Election  District  No ,  in County,  Wyo- 
ming, on  the,. day  of ,  A.  D T  the  total 

number  of  persons  voting  was and  the  .following 

named  persons  received  the  number  of  votes  annexed  to  their  respec- 
tive names  for  the  following  offices:  ( Here  insert  names  of  candidates 
voted  for  with  office  and  number  of  votes  received,  the  number  of 
votes  received  in  each  case  to  be  spelled  out  in  full  as  well  as  written 
in  figures. ) 

Certified  bv  us, 


Attest:  Judges  of  Klection. 


Clerks  of  Election. 

Dated  at this day ,  A.   D ,." 

As  soon  as  all  the  votes  shall  have  been  read  off  and  counted  the 
judges  and  clerks  of  election  shall  make  out  and  sign  a  certificate  un- 
der their  hands,  as  above  provided. 

[S.  L.  1897,  Ch.  53,  Sec.  20.] 

DELIVERY  OF  ELECTION  RECORDS  AND  RETURNS, 

SEC.  343.  The  judges  of  election  shall  then  enclose  and  seal  one 
of  the  poll  books  together  with  all  the  ballots  cast  and  affidavits  of 
electors  concerning  the  qualification  of  persons  voting,  all  ballots  re- 
turned by  voters  as  spoiled  and  all  ballots  not  cast,  accounting  for 
those  posted  as  by  law7  required,  under  cover  directly  to  the  county 
clerk  of  the  county  in  which  such  election  is  held,  or  municipal  clerk 
as  the  case  may  be,  and  the  packet  thus  sealed  shall  be  conveyed  by- 
one  of  the  judges  or  clerks  of  election,  to  be  determined  by  lot  if  they 
cannot  agree  otherwise,  and  the  said  packet  shall  be  delivered  to  the 
postmaster  at  the  nearest  postoffice  and  registered  within  forty-eight 
hours  from  the  closing  of  the  polls.  The  judges  of  election  shall  re- 
tain the  other  poll  books  in  their  possession. 

[S.  L.  1890,  Ch.  80,  Sec.  133.) 

PRESERVATION  OF  OFFICIAL  BALLOTS  CAST. 

SEC.  344.  All  the  ballots  counted  by  the  judges  of  election  shall, 
after  being  read,  be  strung  upon  a  strong  thread  or  twine  in  the  order 
in  which  they  have  been  read,  and  shall  be  delivered,  together  with 
the  poll  books,  to  the  clerk  as  hereinbefore  specified,  who  shall  care- 
fully preserve  said  ballots  for  six  months,  and  at  the  expiration  of  that 
time  shall  destroy  them  by  burning  without  the  package  being  prev- 
iously opened;  Provided,  If  any  contest  of  election  shall  be  pending  in 
which  such  ballots  may  be  required  as  evidence,  the  same  shall  not  IK- 
destroyed  until  such  contest  is  finally  determined. 

[S.  L.  1890,  Ch.  So,  Sec,  134.] 

42 


CH.  9  CANVASS  AND  RETURNS  OF  ELECTION  ^345 

INFORMALITY  IN    DELIVERY    OF   RETURNS    SHALL   NOT    INVALI- 
DATE VOTE. 

SEC.  345.  Informality  in  the  delivery  of  the  returns,  as  specified 
in  section  three  hundred  and  forty-three,  in  the  absence  of  fraud  shall 
not  invalidate  the  vote  of  any  precinct.  If  at  an  election,  any  polling 
precinct  is  not  opened,  and  no  ballots  cast  therein,  such  failure  shall 
not  invalidate  such  election. 

[S.  L.  1890,  Ch.  80,  Sec.  135.] 

MESSENGER  FOR  COUNTY  ELECTION  RETURNS. 

SEC.  346.  Should  the  returns  from  such  election  be  not  received 
by  the  county  clerk  within  ten  days  of  the  time  such  election  was 
held,  then  the  county  clerk  may  send  a  special  messenger,  whose  mile- 
age and  per  diem  shall  be  paid  by  the  county  as  in  other  cases.  The 
judges  of  election  shall  make  out  a  certified  copy  of  the  poll  book  of 
such  election  in  their  possession,  enclose  and  seal  the  same  and  deliver 
the  same  to  said  messenger. 

[S.  L.  1890,  Ch.  80,  Sec.  136.] 

ABSTRACT  OF  VOTES  AND  CERTIFICATE  OF  ELECTION. 

SEC.  347.  On  the  fifteenth  day  after  the  close  of  any  county  or 
general  election,  or  sooner  if  all  the  returns  be  received,  the  clerk  of 
the  county,  taking  to  his  assistance  two  justices  of  the  peace  of  his 
county,  (one  of  whom  shall  be  of  a  different  political  party  from  the 
clerk,  if  such  an  one  can  be  found)  shall  proceed  to  open  the  said  re- 
turns and  make  abstracts  of  the  votes  in  the  following  manner:  An 
abstract  of  votes  for  presidential  electors,  state  officers,  justice  of  the 
supreme  court,  representative  in  congress  and  district  judge  shall  be 
on  one  sheet,  and  an  abstract  of  votes  for  members  of  the  senate  and 
house  of  representatives  shall  be  on  another  sheet,  and  an  abstract  of 
the  votes  for  county  and  precinct  officers  shall  be  on  another  sheet, 
each  of  which  abstracts  shall  be  signed  by  the  county  clerk  and  the 
two  justices,  and  the  county  clerk  shall  immediatly  make  out  a  certifi- 
cate of  election  to  each  of  the  persons  having  the  highest  number  of 
votes  for  county  and  precinct  officers,  respectively,  and  deliver  such 
certificate  to  the  person  entitled  to  it  on  his  making  application  for  the 
same  to  the  clerk  at  his  office. 

[S.  L.  1897,  Ch.  53,  Sec.  21.] 
State  ex  rel  Bennett  vs.  Barter,  4  Wyo.  56. 

ALL  RETURNS  SHALL  BE  COUNTED  BY  CANVASSING  BOARD. 

SEC,  348.  In  canvassing  the  returns  the  vote  of  every  precinct 
returned  within  fifteen  days  after  the  election  to  the  county  clerk  shall 
be  counted  and  the  canvassers  shall  not  throw  out  the  vote  of  any 
precinct  so  returned. 

[S,  L.  1890,  Ch.  80,  Sec.  138.  | 
State  ex  rel  Bennett  vs.  Barber,  4  Wyo.  56. 

CERTIFICATE  OF  ELECTION  RETURNS  BY  COUNTY  CLERK  TO  SEC- 
RETARY OF  STATE. 

SEC.  349.  The  county  clerk  immediately  after  making  out  ab- 
'stracts  of  the  votes  given  in  his  county,  shall  make  a  copy  of  such 
.abstract  and  transmit  the  same  by  mail  or  by  some  proper  person  to 

43 


$350  ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

the  office  of  the  secretary  of  state,  and  it  shall  be  the  duty  of  the 
county  clerk  to  certify  that  such  .copy  of  the  abstract  of  votes  is  a  full, 
true  and  correct. copy  of  the  abstract  of  the  returns  of  all  votes  cast  in 
the  county,  and  when  the  returns  are  opened  and  the  abstracts  of  the 
votes  are  made  before  fifteen  days  have  elapsed,  the  county  clerk  shall 
certify  that  the  returns  from  each  and  every  precinct  have  been  re- 
ceived and  have  been  counted  and  are  embodied  in  such  abstract. 

[S.  L.  1890,  Ch.  So,  Sec.  139.] 

MESSENGER  FROM  SECRETARY  OF  STATE  TO   SECURE    ELECTION 
RETURNS. 

SEC.  350.  If  the  returns  of  the  election  of  any  county  shall  not 
be  received  at  the  office  of  the  secretary  of  state  within  thirty  days 
after  the  election,  the  secretary  shall  forthwith  send  a  messenger  to 
the  county  clerk  of  such  county  whose  duty  it  shall  be  to  furnish  such 
messenger  with  a  copy  of  the  abstract  aforesaid,  and  the  said  messen- 
ger shall  be  paid  out  of  the  state  treasury  the  sum  of  three  dollars  per 
day  for  each  day  necessarily  employed,  and  fifteen  cents  per  mile  for 
each  mile  he  shall  necessarily  travel  in  going  to  and  returning  from 
the  office  of  said  clerk. 

[S.  L.  1890,  Ch.  So,  Sec.  140.] 

STATE  CANVASSING  BOARD-NOTICE  OF  ELECTION. 

SEC.  351.  The  secretary,  auditor  and  treasurer  of  the  state,  or 
any  two  of  them,  in  the  presence  of  the  governor,  shall  proceed  within 
thirty  days  after  the  election,  and  sooner  if  all  returns  be  received,  to 
canvass  the  vote  given  for  presidential  electors,  state  officers,  justice 
of  the  supreme  court,  representative  in  congress,  district  judges  and 
all  members  of  the  senate  and  house  of  representatives,  and  shall  make 
and  file  in  the  office  of  the  secretary  of  state  a  certificate  signed  by 
them  and  containing  a  statement  of  the  votes  so  canvassed  and  the  re- 
sult thereof.  The  governor  shall  then  give  a  certificate  of  election  to 
each  of  the  persons  having  the  highest  number  of  votes  for  each  office. 

[S.  L.  1897,  Ch.  53,  Sec.  22.] 
State  ex  rel  Bennett  vs.  Barber,  4  Wyo.  56. 
In  re  Moore,  4  Wyo.  98. 


44 


CH.  10 


ELECTION  CONTESTS 


CHAPTER  JO 

ELECTION  CONTESTS 


Sec.  352. 
Sec.  353. 
Sec.  354. 

Sec.  355. 
Sec.  356. 

Sec    357. 

Sec.  358. 

Sec.  359. 
Sec.  360. 

Sec.  361. 
Sec.  362. 


Legislature  shall  determine  con- 
test of  members 

District  court  shall  determine  elec- 
tion contests  in  counties. 

Who  may  contest  election  of  legis- 
lator 

Notice  of  legislative  contest. 

Notice  of  taking  deposition  in  leg- 
islative contest. 

Enforcing  the  production  of  evi- 
dence and  attendance  of  wit- 
nesses. 

Manner  of  certifying  and  trans- 
mitting depositions. 

Notice  of  contest  to  legislature. 

legislature  may  procure  all  evi- 
dence. 

Who  may  contest  election  of  coun- 
ty and  other  officers. 

Petition  to  contest  election  of 
countv  and  other  officers. 


Sec.  363. 
Sec.  364. 
Sec.  365. 

Sec.  366. 
Sec.  367. 
Sec.  368. 
Sec.  369. 

Sec.  370. 

Sec.  371- 
Sec.  372. 

Sec.  373. 
Sec.  374. 


Notice  of  contest  of  election  of 
county  and  other  officers. 

Kvideiice  in  contest  cases — How 
taken. 

Contest  in  questions  submitted  to 
electors — Procedure. 

When  electors  may  defend  contest. 

Contest  settled  by" court. 

Tie  vote — New  election. 

Procedure  in  case  of  tie  vote  for 
county  office. 

Procedure  in  case  of  tie  vote  for 
state  officer. 

Duty  of  court  in  case  of  tie  vote. 

I^ffect  of  certified  copy  of  judg- 
ment of  court. 

When  election  of  candidate  de- 
clared void. 

Appeals  to  supreme  court  in  con- 
tested election  cases. 


LEGISLATURE  SHALL  DETERMINE  CONTEST  OF  MEMBERS 

SEC.  352.  The  senate  and  house  of  representatives  shall  respect- 
ively hear  and  determine  contests  of  the  election  of  any  of  their  re- 
spective members, 

[S.  TV.  1890,  Ch.  80,  Sec.  144.] 

DISTRICT    COURT    SHALL    DETERMINE    ELECTION    CONTESTS   IN 
COUNTIES. 

SEC.  353.  The  district  court  of  each  count)*  shall  hear  and  de- 
termine contests  of  the  election  of  all  county,  precinct  and  municipal 
officers  in  that  county,  and  all  contests  relating  to  the  removal  of 
county  seats  or  relating  to  any  other  subject  which  may  be  submitted 
to  the  vote  of  the  electors  of  such  county. 

[S.  L.  1890,  Ch.  80,  Sec    145.3 

WHO  MAY  CONTEST  ELECTION  OF  LEGISLATOR. 

SEC.  354.  The  election  of  any  member  declared  duly  elected  to 
a  seat  in  the  senate  or  house  of  representatives  may  be  contested  by 
any  qualified  voter  of  the  county  or  district  to  be  represented  by  such 
member  of  the  senate  or  house  of  representatives. 

[S.  L,   1890,  Ch.  80,  Sec.  146.] 
NOTICE  OF  LEGISLATIVE  CONTEST. 

SEC.  355.  The  contestants  shall,  within  thirty  days  after  the  re- 
sult of  the  election  shall  have  been  determined,  serve  on  the  person 
whose  election  he  will  contest,  a  notice  of  his  intention  to  contest  such 
election  expressing  the  points  on  which  the  same  will  be  contested, 
and  shall  also  on  or  before  the  next  session  of  the  legislature,  deliver 
a  copy  of  such  notice  to  the  secretary  of  state,  and  in  case  the  person 
whose  election  is  contested  is  absent  from  the  county  of  his  residence, 
or  cannot  be  found  therein,  service  may  be  had  by  leaving  a  copy  of 
such  notice  at  his  last  or  usual  place  of  residence  with  some  person  of 
suitable  age  and  discretion. 

[S.  L.  1890,  Ch.  80,  Sec.  147.] 


45 


2356  ELECTORS  AND  ELECTIONS  DIV.  i     TL.-4 

NOTICE  OF  TAKING  DEPOSITION  IN  LEGISLATIVE  CONTESTS. 

SEC.  356.  Whenever  a  notice  shall  have  been  given  of  intention 
to  contest  an  election  as  provided  in  the  next  preceding  section,  either 
party  may  proceed  to  take  testimony  of  any  witness  before  any  officer 
authorized  to  take  and  certify  depositions  on  giving  to  the  adverse 
party  or  his  attorney  ten  days'  notice  of  the  time  and  place  of  taking 
the  same,  and  one  day  in  addition  thereto,  Sunday  excluded,  for  every 
fifty  miles  travel  from  the  place  of  residence  of  such  party  to  the  place 
where  such  deposition  is  to  be  taken.  If  the  party  entitled  to  notice 
resides  in  the  county  where  the  deposition  is  to  be  taken,  five  days' 
notice  shall  be  sufficient. 

[S.  L.  1890,  Ch.  80,  Sec.  148.] 

ENFORCING  THE  PRODUCTION  OF  EVIDENCE  AND  ATTENDANCE  OF 
WITNESSES. 

SEC.  357.  The  officer  before  whom  depositions  are  taken  shall 
have  the  power  to  compel  the  production  of  papers  and  the  attendance 
of  witnesses  and  the  same  proceedings  may  be  had  to  compel  the  at- 
tendance of  witnesses  as  are  provided  in  the  cases  of  taking  depositions 
to  be  used  in  the  district  courts. 

[S.  L.  1890,  Ch.  80,  Sec.  M9.] 

MANNER  OF  CERTIFYING  AND  TRANSMITTING  DEPOSITIONS. 

SEC.  358.  A  copy  of  the  notice  to  take  depositions  with  proof  of 
the  service  thereof  together  with  the  depositions  shall  be  sealed  up  and 
transmitted  by  mail  or  otherwise  to  the  secretary  of  state  with  an  en- 
dorsement thereon  showing  the  names  of  the  contesting  parties,  the 
office  contested,  and  the  nature  of  the  papers. 

[S.  L.  1890,  Ch.  80,  Sec.  150.] 

NOTICE  OF  CONTEST  TO  LEGISLATURE. 

SEC.  359.  The  secretary  of  state  shall  deliver  the  copy  of  the 
notice  deposited  with  him  by  the  contestant  and  the  depositions  unop- 
ened to  the  presiding  officer  of  the  branch  of  the  legislature  to  which 
the  contest  relates,  on  or  before  the  second  day  of  its  session  next  after 
the  receipt  of  the  same,  and  the  presiding  officer  shall  immediately 
give  notice  to  his  house  that  such  papers  are  in  his  possession. 

[S.  L.  1890,  Ch.  80,  Sec.  151.] 

LEGISLATURE  MAY  PROCURE  ALL  EVIDENCE. 

SEC.  360.  Nothing  in  this  chapter  contained  shall  be  construed 
to  abridge  the  right  of  either  house  of  the  legislature  to  grant  com- 
missions to  take  depositions  or  to  send  for  and  examine  any  witness  it 
may  desire  to  hear  on  such  trial  or  to  declare  the  right  of  membership 
to  their  respective  houses. 

[S.  L.  1890,  Ch.  80,  Sec.  152.] 

WHO  MAY  CONTEST  ELECTION  OF  COUNTY  AND  OTHER  OFFICERS. 

SEC.  361.  The  election  of  any  person  declared  elected  to  any 
office  other  than  member  of  the  senate  or  house  of  representatives  may 
be  contested  by  any  elector  of  the  county,  town  or  precinct,  ward  or 
city,  for  which  the  person  is  declared  elected. 

[S.  L.  1890,  Ch.  So,  Sec.  153.] 

46 


CH.   10  ELECTION  CONTESTS  £362 

PETITION  TO  CONTEST  ELECTION  OF  COUNTY    AND    OTHER   OFFI- 
CERS. 

SEC.  362.  The  person  desiring  to  contest  such  election  shall 
within  thirty  days  after  the  person  whose  election  is  contested  is  de- 
clared elected,  file  with  the  clerk  of  the  district  court  of  that  county  a 
petition  in  writing  setting  forth  the  points  on  which  he  willl  contest 
the  election,  which  petition  shall  be  verified  by  affidavit  of  the  party 
bringing  such  contest,  as  in  pleadings  in  the  district  court. 

[S.  L.  1890,  Ch.  80,  Sec    154.] 

NOTICE  OF  CONTEST  OF  ELECTION  OF  COUNTY  AND  OTHER  OFFI- 
CERS. 

SKC.  363.  Upon  the  filing  of  such  petition  summons  shall  issue 
against  the  person  whose  office  is  contested  and  he  may  be  served  with 
process  or  notified  to  appear,  in  the  same  manner  as  is  provided  in  civil 
actions  in  the  district  court. 

[S.  L.  1890,  Ch.  So,  Sec.  155.] 

EVIDENCE  IN  CONTEST  CASES-HOW  TAKEN. 

SEC.  364.  Evidence  may  be  taken  in  the  same  manner  and  upon 
like  notice  as  in  civil  actions  in  district  court,  and  such  cases  shall  be 
tried  in  like  manner  as  in  civil  actions. 

[S.  L.  1890,  Ch.  So,  vSec    156.] 

CONTEST  IN  QUESTIONS  SUBMITTED  TO  ELECTORS- PROCEDURE. 

SEC.  365.  Any  five  electors  of  the  county,  city  or  town,  may 
contest  an  election  upon  any  subject  which  may  by  law  be  submitted 
to  a  vote  of  the  people  of  the  county,  city  or  town,  upon  filing  in  the 
district  court  of  the  county  within  thirty  days  after  the  result  of  the 
election  shall  have  been  determined,  a  petition  in  like  form  as  in  other 
cases  of  contested  elections  in  the  district  court.  The  county,  city  or 
town,  as  the  case  may  be,  shall  be  made  defendant,  and  process  shall 
be  served  as  in  civil  actions  against  the  county,  and  like  proceedings 
shall  be  had  as  in  other  cases  of  contested  elections  before  such  court. 

[S.  L.  1890,  Ch.  So,  Sec.  157.] 

WHEN  ELECTORS  MAY  DEFEND  CONTEST. 

SEC.  366.  In  case  the  county,  city  or  town  board  shall  fail  or 
refuse  to  defend  such  contest,  the  court  shall  allow  any  one  or  more 
electors  of  the  county,  town  or  city,  to  appear  and  defend,  in  which 
case  the  electors  so  defending  shall  be  liable  for  the  costs  in  case  the 
judgment  of  the  court  shall  be  in  favor  of  the  contestants. 

[S.  L.  1890,  Ch.  So,  Sec.  158.] 

CONTEST  SETTLED  BY  COURT. 

SEC.  367.  The  judgment  of  the  court  in  cases  of  contested  elec- 
tions shall  confirm  or  annul  the  election,  according  to  the  right  of  the 
matter,  or  in  case  the  contest  is  in  relation  to  the  election  of  some  per- 
son to  an  office,  shall  declare  as  elected  the  person  who  shall  appear 
to  be  duly  elected. 

[S.  L.  1890,  Ch.  Si),  Sec.  159.] 

47 


2368  ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

TIE  VOTE-NEW  ELECTION. 

SEC.  368.  If  it  appears  that  two  or  more  persons  have  received, 
or  would  have  received,  if  the  legal  number  of  ballots  cast,  or  intended 
to  be  cast  for  them  had  been  counted,  the  highest  and  equal  number 
of  votes  for  the  same  office,  it  shall  be  declared  that  there  has  been  no 
choice,  and  a  new  election  shall  be  had  as  in  other  cases  of  vacancy  in 
public  office. 

[S.  L.  1890-91,  Ch.  i uo,  Sec.  23.] 

PROCEDURE  IN  CASE  OF  TIE  VOTE  FOR  COUNTY  OFFICE. 

SEC.  369.  When  it  shall  appear  upon  the  official  canvass  of  any 
vote  cast  at  any  general  election,  that  two  or  more  persons  have  each 
received  the  highest  and  equal  number  of  the  votes  cast  at  such  elec- 
tion, for  that  office,  and  the  office  to  be  filled  be  a  county  office,  then 
the  board  of  county  commissioners  shall  meet  before  the  first  day  of 
January  next  succeeding  such  election,  and  determine  by  vote  of  such 
commissioners,  wrhich  of  the  persons  having  such  tie  vote  shall  be  de- 
clared elected,  and  such  vote  of  the  board  of  county  commissioners  shall 
be  made  a  matter  of  record  by  the  county  clerk,  and  he  shall  issue  to 
the  person  so  elected  a  certificate  of  his  or  her  election. 

[S.  Iv.  1895,  Ch.  112,  Sec.  i.] 

PROCEDURE  IN  CASE  OF  TIE  VOTE  FOR  STATE  OFFICER. 

SEC.  370.  When  upon  the  official  canvass  of  any  vote  cast  at 
any  general  election  for  a  state  officer,  it  shall  appear  that  two  or  more 
persons  having  received  an  equal  and  highest  number  of  votes  cast  for 
that  office,  it  shall  be  the  duty  of  the  state  legislature,  convening  in 
the  January  next  succeeding  such  election,  to  meet  in  joint  session  of 
the  senate  and  house  of  representatives  upon  the  first  day  of  the  session 
thereof,  or  as  soon  thereafter  as  both  houses  shall  be  duly  organized, 
and  determine  the  tie  vote,  by  vote  in  the  manner  provided  for  the 
election  of  United  States  senators,  and  the  result  shall  be  certified  to 
the  secretary  of  state  by  the  president  of  the  state  senate,  who  shall 
preside  at  such  joint  session.  And  it  shall  be  the  duty  of  the  secre- 
tary of  state  to  issue  to  the  person  so  chosen  a  certificate  of  his  or  her 
election. 

[S.  L.  1895,  Ch.  112,  Sec.  2.] 

DUTY  OF  COURT  IN  CASE  OF  TIE  VOTE. 

SEC.  371.  If  it  shall  appear  upon  any  contested  election  in  any 
court  in  this  state,  that  two  or  more  persons  have  received  an  equal 
and  higher  number  of  legal  votes  cast  for  that  office,  it  shall  be  the 
duty  of  such  court  to  refer  the  decision  of  the  matter  to  either  the 
board  of  county  commissioners  or  the  state  legistature  for  action  there- 
in, as  provided  in  the  two  preceding  sections. 

[S.  L.  1895,  Ch.  112,  Sec.  3.] 

EFFECT  OF  CERTIFIED  COPY  OF  JUDGMENT  OF  COURT. 

SEC.  372.  A  certified  copy  of  the  judgment  of  the  court  shall 
have  the  same  effect  as  to  the  result  of  the  election  as  if  it  had  been 
so  declared  by  the  canvassers. 

[S.  L.  1890,  Ch.  So,  vSec.  161.] 

48 


CH.   10  ELECTION  CONTESTS  £373 

WHEN  ELECTION  OF  CANDIDATE  DECLARED  VOID. 

SEC.  373.  When  the  person  whose  election  is  contested  is  found 
to  have  received  the  highest  number  of  legal  votes,  but  the  election  is 
declared  null  by  reason  of  legal  disqualifications  on  his  part,  or  for 
other  causes,  the  person  receiving  the  next  highest  number  of  votes 
shall  not  be  declared  elected,  but  the  election  shall  be  declared  void. 

[S.  L.  1890,  Ch.  80,  Sec.  162.  ] 

APPEALS  TO  SUPREME  COURT  IN  CONTESTED  ELECTION  CASES. 

SEC.  374.  All  cases  of  contested  elections  in  the  district  courts 
may  be  taken  to  the  supreme  court  in  the  same  manner  and  upon  like 
conditions  as  is  provided  in  the  case  of  civil  actions. 

[S.  L.  1890,  Ch.  80,  Sec.  163.] 


CHAPTER  U 

GENERAL  PROVISIONS 


C.eneral    application      of    election 

law. 
Sec.  376.     Form  of  oath  required. 


.Sec.  382.  Publication  election  proceedings 
by  county  commissioners. 

Sec.  383.  County  clerk  to  furnish  city  clerk 
list  of  voters. 


Sec.  377.     Qualifications  of  office-holders; 

Sec.  37*.     Woman  suffrage.  Sec.  384.     Printing  of  election  laws. 

Sec.  379.     Persons  disqualified  from  voting  or  .See.  385.     Distribution  of  election  laws. 


holding  ofirce. 
Sec.  380.     Resignation  of  elective  offices. 
Sec.  381.     Vacancies  in  elective  offices — How 

made. 


Sec.  386.     Meaning  of  term  municipal. 

Sec.  387.     Application     of    general     election 

laws. 
Sec.  388.     Where  elector  must  vote. 


GENERAL  APPLICATION  OF  ELECTION  LAW. 

SEC.  375.  The  penalties  and  other  provisions  of  law  with  refer- 
ence to  elections  and  the  returns  thereof  held  in  incorporated  cities 
and  towns  and  precincts  located  on  the  line  of  any  railroad,  shall  ap- 
ply to  elections  held  in  precincts  outside  of  said  incorporated  cities 
and  towns  so  far  as  the  same  shall  be  applicable. 

[S.  L.  1890,  Ch.  80,  Sec.  31.] 

FORM  OF  OATH  REQUIRED. 

SEC.  376.  Whenever  an  oath  is  required  by  the  provisions  of 
this  title,  the  elector  shall  swear  according  to  the  form  of  his  religious 
faith  or  belief,  or  affirm  under  the  pains  and  penalties  of  perjury. 

[S.  L.  1890,  Ch.  So,  Sec.  34.] 

QUALIFICATIONS  OF  OFFICE-HOLDERS. 

SEC.  377.  No  person  shall  be  eligible  to  any  office  who,  at  the 
time  he  is  chosen  and  during  his  incumbency  therein,  is  not  a  qualified 
elector  and  an  actual  resident  of  the  district,  county,  town,  ward  or 
precinct,  as  the  case  may  be,  in  which  he  holds  such  office. 

[S.  L.  1890,  Ch.  80,  Sec.  6.] 
WOMAN  SUFFRAGE. 

SEC.  378.  When  they  possess  the  other  qualifications  of  an  elec- 
tor, the  rights  of  women  to  the  elective  franchise  and  to  hold  office 
shall  be  the  same  as  those  of  men. 

[S.  L.  189^),  Ch.  So.  Sec.  7.] 

49 


§379  KLKCTORS  AND  ELKCTIONS  DIV.   i     TL.  4 

PERSONS  DISQUALIFIED  FROM  VOTING  OR  HOLDING  OFFICE. 

SEC.   379.     The  following  persons  shall  not  vole  or  hold  office: 

One  who  is  under  guardianship. 

One  who  is  non  compos  mentis. 

One  who  has  been  within  Wyoming  convicted  of  any  felony,  un- 
less restored  to  civil  rights  by  pardon. 

One  who  has  made  or  become,  either  directly  or  indirectly,  inter- 
ested in  any  bet  or  wager  depending  upon  the  result  of  the  election  at 
which  he  or  she  shall  offer  to  vote. 

•  [S.  L.  1890,  Ch.  So,  Sec.  8.] 

RESIGNATION  OF  ELECTIVE  OFFICES. 

SEC.  380.  Resignation  of  elective  offices  shall  be  made  to  the 
officer,  court  or  county  board  authorized  by  law  to  fill  a  vacancy  in 
such  office  by  appointment  or  to  order  an  election  to  fill  such  vacancy. 

[S.  L.  1890,  Ch.  80,  Sec.  43.] 

VACANCIES  IN  ELECTIVE  OFFICES— HOW  MADE. 

SEC.  381.  Every  elective  office  shall  become  vacant  on  the  hap- 
pening of  either  of  the  following  events  to  the  incumbent  before  the 
end  of  his  term  of  office: 

1.  His  death. 

2.  His  resignation. 

3.  His  becoming  insane  or  non  compos  mentis. 

4.  His  ceasing  to  be  an  inhabitant  of  the  state,  pr  if  the  office  is 
local,  his  ceasing  to  be  an  inhabitant  of  the  district,  town,  ward  or 
precinct  for  which  he  was  elected. 

5.  His  conviction  of  an  infamous  crime  or  of  any  offense  involv- 
ing a  violation  of  official  oath. 

6.  His  removal  from  office. 

7.  His  refusal  or  neglect  to  take  his  oath  of  office,  or  to  give  or 
renew  his  official  bond,  or  to  deposit  or  file   such   oath  or  bond  within 
the  time  prescribed  by  law. 

8.  The  decision  of  a   competent   tribunal   declaring  his  election 
void. 

[S.  L.  1890,  Ch.  80,  vSec.  45.] 
State  ex  rel  Richardson  vs.  Henderson,  4  Wyo.  535. 

PUBLICATION    ELECTION    PROCEEDINGS    BY    COUNTY  COMMISSION- 
ERS. 

SEC.  382.  The  county  commissioners  and  county  clerks  of  the 
several  counties  shall  cause  to  be  made  full  and  minute  entries  of  all 
proceedings  had  under  this  title  and  to  cause  full  copies  of  such  pro- 
ceedings and  appointments  of  registry  agents,  judges,  etc.,  to  be  pub- 
lished in  a  newspaper  published  within  their  respective  counties  as 
soon  after  their  adjournment  as  is  practicable,  and  the  county  clerks 
of  the  several  counties  shall  immediately  notify,  in  writing,  the  regis-. 
try  agents  of  their  appointment. 

[S.  L.  1890,  Ch.  80,  Sec.  39.) 

COUNTY  CLERK  TO  FURNISH  CITY  CLERK  LIST  OF  VOTERS. 

SEC.  383.  The  clerk  of  each  county  shall  supply  each  clerk  of  a 
municipality  with  a  certified  and  full  and  complete  list  of  all  voters 

50 


CH.   ir  OKNKRAL  PROVISION'S  £384 

registered  within  the  said  municipality  as  last  returned  by  the  registry 
agents,  upon  the  request  of  the  clerk  of  said  municipality,  and  within 
three  days  after  such  request.  The  county  clerk  shall  receive  therefor 
no  fee;  Provided,  however,  the  clerk  of  such  municipality  shall  not 
make  such  request  unless  an  election  in  the  municipality  will  occur 
within  thirty  days. 

[S.  L.  1890,  Oh.  80,  vSec    176.] 

PRINTING  OF  ELECTION  LAWS. 

SEC.  384.  The  secretary  of  state  in  each  general  election  year 
shall,  not  later  than  the  first  day  of  July  in  each  year,  cause  to  be 
printed  and  distributed  among  the  several  boards  of  county  commis- 
sioners, one  thousand  copies  of  the  then  existing  election  laws  of  this 
state. 

[As  amended  S.  L.  1901,  Ch.  24.] 

DISTRIBUTION  OF  ELECTION  LAWS. 

SEC.  385.  The  boards  of  county  commissioners  receiving  printed 
copies  of  the  election  laws,  shall  provide  the  judges  of  each  voting  pre- 
cinct with  a  copy  thereof  at  each  election. 

[S    L    1890,  Ch    80,  Sec.  181.] 

MEANING  OF  TERM  MUNICIPAL. 

SEC.  386.  The  term  "municipal"  and  "municipalities"  herein 
used  shall  mean  and  refer  to  incorporated  cities  and  towrns. 

[S.  L.  1890,  Ch.  80,  Sec.  178.] 

APPLICATION  OF  GENERAL  ELECTION  LAWS. 

SEC.  387.  This  title  shall,  as  far  as  possible,  apply  to  all  incor- 
porated cities  and  towns,  except  as  to  the  canvass  of  the  votes,  which 
canvass  may  be  provided  for  by  ordinance;  but  if  not  so  provided  for, 
the  provision  of  this  title  shall  prevail.  But  at  no  election  whatsoever 
held  under  the  laws  of  Wyoming  shall  it  be  necessary  for  any  elector 
to  pay  a  poll  tax  to  entitle  such  elector  to  vote.  When  the  charter  or 
law  relating  to  any  city  or  town  shall  indicate  a  different  procedure 
than  herein  set  forth,  the  provisions  of  this  title  shall  prevail,  and  the 
charter  or  law  relating  to  such  city  or  town  shall  not  be  followed. 
When  this  title  does  not  fully  provide  for  the  conduct  of  election,  in 
any  city  or  to\vn,  such  city  or  town  may,  by  ordinance,  not  inconsist- 
ent herewith,  provide  for  a  complete  election  and  canvass  thereof. 

[S.  L.  1890,  Ch.  80,  Sec    177.] 

WHERE  ELECTOR  MUST  VOTE, 

SEC.  388.  No  one  shall  be  permitted  to  vote  in  any  polling  pre- 
cinct other  than  the  one  of  which  he  is  at  the  time  an  actual  resident. 

[S.  L.  1897,  Ch.  53-  Sec.  25.] 


2389 


ELECTORS  AND  ELECTIONS 


DIV.  i     TL.  4 


Sec. 

397- 

Posting  registry  lists. 

Sec. 

39». 

Duty  of  county  clerk. 

rs. 

Sec 

399- 

Expense  —  By  whom  paid. 

Sec. 

400. 

Duty  of  city  clerk. 

Sec. 

401. 

Who  entitled  to  vote. 

hen. 

Sec. 

402. 

Where  entitled  to  vote. 

its— 
-To 

Sec. 
Sec. 
Sec. 
Sec. 

403- 
404. 
405- 
406. 

City  to  pay  registry  agents. 
Appointment  of  judges  and  clerks. 
Citv  to  pay  judges  and  clerks. 
Application     ot     general    election 

laws. 

CHAPTER  \2 

MUNICIPAL  ELECTIONS 
Sec.  389.     Proclamation  for. 
.Sec.  390.     Designation  of  polling  place 
Sec.  391.     Notice  to  county  commissioners 
Sec.  392.     Duty  of  registry  agents. 
Sec.  393.     Registry  agents  shall  meet — When. 
Sec.  394.     Post  list  of  electors  registered. 
Sec.  395.     Meetings     of      registry      agents 

I,engtn  of. 
Sec.  396.     Certificate    of    registry   lists  —  To 

whom. 

PROCLAMATION  FOR. 

SEC.  389.  The  mayor  or  other  chief  officer  of  each  incorporated 
city  or  town  shall,  not  less  than  thirty  days  before  an  election  therein, 
if  possible,  make  a  proclamation  which  shall  be  published  at  least  one 
time  in  an  official  newspaper  of  the  city,  setting  forth  the  fact  that  on 
a  certain  date,  naming  it,  a  municipal  election  will  take  place  for  the 
election  of  officers,  naming  the  offices  to  be  filled  at  such  election. 
Such  proclamation  shall  be  signed  by  the  mayor  or  other  chief  officer, 
and  attested  by  the  clerk  of  the  municipality. 

[S.  L.  1890-91,  Ch.  17,  vSec.  i.] 

DESIGNATION  OF  POLLING  PLACE. 

SEC.  390.  The  mayor  or  other  chief  officer  of  an  incorporated 
city  or  town,  together  with  its  council  or  board  of  trustees,  may  desig- 
nate and  establish  such  polling  places  or  booths  within  the  precincts 
established  by  the  county  commissioners  as  the  officers  of  such  incor- 
porated city  or  town  may  deem  fit.  Such  polling  places  or  booths  to 
be  erected  or  constructed  in  the  manner  prescribed  by  law,  at  the  ex- 
pense of  such  incorporated  city  or  town. 

[S.  L.  1890-91,  Ch.  17,  vSec.  2.] 

NOTICE  TO  COUNTY  COMMISSIONERS. 

SEC.  391.  The  clerk  of  each  incorporated  city  or  town  shall,  not 
less  than  thirty  days  before  an  election,  notify  the  board  of  county 
commissioners  in  writing,  of  the  day  of  the  next  municipal  election, 
whether  the  same  be  a  regular  or  special  one,  whereupon  the  county 
commissioners  shall  at  once  notify  the  regularly  appointed  registry 
agents  for  the  district  embraced  within  such  city  or  town,  to  appear 
at  the  lawfully  designated  place  of  registry  on  the  third  Tuesday  pre- 
ceding such  election,  and  to  proceed  to  register  all  citizens  who  appear, 
claim  the  right,  and  are  qualified  to  register,  and  who  by  reason  of  not 
being  registered,  would  be  disqualified  from  voting  at  such  election. 

[S.  L.  1890-91,  Ch.  17,  Sec.  3.] 

DUTY  OF  REGISTRY  AGENTS. 

SEC.  392.  Such  registry  agents  shall  thereupon  post  notices  of 
the  registration  of  electors  in  the  manner  provided  by  law  for  giving 
notice  of  registration  before  regular  county  elections. 

[S.  L.  1890-91,  Ch.  17,  Sec.  4.] 

52 


CH.   12  MUNICIPAL  ELECTIONS  ^393 

REGISTRY  AGENTS  SHALL  MEET-WHEN. 

SEC.  393.  On  the  day  appointed  for  registry  as  aforesaid,  such 
registry  agents  shall  meet  and  proceed  to  register  all  qualified  electors 
in  the  manner  prescribed  by  law.  Such  registry  agents  shall  keep  the 
same  hours  and  observe  all  the  requirements  of  the  statute  the  same 
as  during  regular  registration  periods. 

[S.  L.  1890-91,  Ch.  17,  Sec.  5.] 

POST  LIST  OF  ELECTORS  REGISTERED. 

SEC.  394.  At  the  end  of  the  first  meeting,  the  registry  agents 
shall  prepare  and  certify  lists  of  persons  who  have  registered,  shall  file 
the  same  in  the  office  of  the  county  clerk  and  clerk  of  the  municipal- 
ity, and  post  the  same  in  the  manner  provided  by  law. 

[S.'L.  1890-91,  Ch.  17,  Sec.  6.] 

MEETINGS  OF  REGISTRY  AGENTS-LENGTH  OF. 

SEC.  395.  Such  registry  agents  shall  meet  for  three  consecutive 
days,  and  then  shall  adjourn  for  one  week,  and  then  they  shall  meet 
for  one  day  for  the  purpose  of  revising,  correcting  and  completing 
such  registry  lists  and  the  registration  of  such  qualified  electors  who 
have  not  theretofore  registered. 

[S.  L.   1890-91,  Ch.  17,  Sec.  7-] 

CERTIFICATE  OF  REGISTRY  LISTS— TO  WHOM. 

SKC.  396.  When  the  registry  agents  shall  have  completed  the 
registration  as  aforesaid,  they  shall  prepare  and  certify  lists  and  de- 
liver copies  thereof  to  the  county  clerk  and  the  clerk  of  the  munici- 
pality in  the  manner  provided  by  law. 

[S.  L    1890-91,  Ch.  17,  Sec.  8.] 

POSTING  REGISTRY  LISTS. 

SEC.  397.  The  county  clerk  and  the  clerk  of  the  municipality 
shall  post  such  lists  in  the  manner  provided  by  law. 

[S.  L.  1890-91,  Ch.  17,  Sec.  9.] 

DUTY  OF  COUNTY  CLERK. 

SEC.  398.  The  county  clerk,  upon  the  request  of  the  clerk  of  the 
incorporated  city  or  town,  shall  prepare  and  deliver  to  such  clerk  of 
the  incorporated  city  or  town,  a  registry  list  containing,  in  alphabeti- 
cal order,  and  divided  into  precincts,  complete  lists  of  all  the  regularly 
registered  and  properly  qualified  electors  who  could  vote  at  the  ensuing 
city  or  town  election,  as  shown  by  the  registry  lists  in  his  office. 

[S.  L-  1890-91,  Ch.  17,  Sec.  TO.] 

EXPENSE— BY  WHOM  PAID. 

SEC.  399.  The  city  or  town  asking  for  such  lists  through  its 
clerk  shall  reimburse  the  county  clerk  for  all  expenses  incurred  in 
procuring  material  and  assistance  necessary  in  furnishing  such  regis- 
try lists.  Such  expenses  shall  be  paid  after  such  service  is  rendered, 
in  the  same  manner  that  the  other  claims  against  an  incorporated  city 
or  town  are  paid. 

[S.  L.  1890-91,  Ch.  17,  Sec.  ii.] 
DUTY  OF  CITY  CLERK. 

SEC.  400,     The  clerk    of    the    incorporated    city    or    town   upon 

53 


$401  ELECTORS  AND  ELECTIONS  DIV.    i     TL.  4 

receipt  of  such  registry  lists,  shall  prepare  one  list  for  each  election 
precinct.  He  shall  furnish  a  judge  in  each  precinct  with  a  certified 
list  of  the  qualified  voters  in  each  precinct  as  such  lists  are  obtained 
from  the  registry  lists  furnished  by  such  clerk  of  a  city  or  town  by  the 
county  clerk. 

[S.  L.  1890-91,  Ch.  17,  Sec.  12.] 

WHO  ENTITLED  TO  VOTE. 

SEC.  401.  All  persons  who  have  registered  either  during  the 
registration  period  immediately  preceding  the  said  city  or  to\vn  elec- 
tion, or  who  have  registered  less  than  two  years  before  such  election 
during  a  regular  registration  period  for  county  elections,  and  who 
would  be  qualified  at  that  time  to  vote  at  a  county  election  in  a  pre- 
cinct, shall  be  entitled  to  vote  at  such  city  or  town  election  in  the  pre- 
cinct in  which  they  are  registered;  Provided,  That  such  electors  are 
actual  residents  of  the  incorporated  city  or  town  in  which  they  offer 

to  vote. 

[S.  L.  1890-91,  Ch.  17,  vSec.  13.] 

WHERE  ENTITLED  TO  VOTE. 

SEC.  402.  Any  elector  who  registered  previous  to  such  city  or 
town  election  shall  be  entitled  to  vote  in  any  election  precinct  in  which 
they  are  registered  and  until  the  next  regular  period  for  registration 
before  a  county  election;  Provided,  That  in  county  elections  they  shall 
be  actual  residents  of  the  county,  and  in  municipal  elections,  of  the 
incorporated  city  or  town  in  which  they  offer  to  vote. 

[S.  L.  1890-91,  Ch.  17,  Sec.  14-] 

CITY  TO  PAY  REGISTRY  AGENTS. 

SEC.  403.  The  incorporated  city  or  town  for  which  the  registra- 
tion provided  for  in  this  chapter  is  held,  shall  pay  the  salary  of  the 
registration  agents,  and  all  their  fees  and  expenses  for  services  ren- 
dered in  registering  before  such  election,  as  provided  by  law. 

[S.  L.  1890-91,  Ch.  17,  Sec.  15.] 

APPOINTMENT  OF  JUDGES  AND  CLERKS. 

SEC.  404.  The  mayor  or  other  chief  officer  of  an  incorporated 
city  or  town  in  which  a  municipal  election  is  held,  shall,  by  and  with 
the  advice  of  its  council  or  trustees,  appoint  the  judges  and  clerks  of 
election  for  such  election,  under  the  same  restrictions  and  qualifica- 
tions, as  those  required  for  regular  elections. 

[S.  L.  1890-91,  Ch.   17,  Sec.  16.] 

CITY  TO  PAY  JUDGES  AND  CLERKS. 

SEC.  405.  The  incorporated  city  or  town  appointing  such  judges 
and  clerks  shall  pay  their  salary  and  expenses  at  the  same  rate  as  pre- 
scribed by  law  for  similar  duties  in  regular  county  elections. 

[S.  L-  1890-91,  Ch.  17,  Sec.  17.] 

APPLICATION  OF  GENERAL  ELECTION  LAWS. 

SEC.  406.  The  provisions  of  law7  for  general  elections  shall  apply 
as  far  as  possible  to  the  registration  and  election.  Whenever  the  pro- 
cedure of  conducting  municipal  elections  is  not  fully  provided  for  by 
law,  it  may  be  supplemented  by  ordinance  of  the  incorporated  city  or 

54 


CH.  13 


ELECTION  OFFENSES 


town,  in  which  an  election  is  held,  and  the  canvass  and  returns  of  such 
elections  shall  be  prescribed  by  the  ordinances  of  such  incorporated 
cities  or  towns. 

[S.  L.  1890-91,  Ch.  17,  Sec.  18.  ] 


CHAPTER  J3 

ELECTION  OFFENSES 


Sec.  408. 
Sec.  409. 
Sec.  410. 

Sec.  411. 
Sec.  412 
Sec.  413. 
Sec.  414. 


Klection  officers  failing  to  perform 
duty. 

Doing  prohibited  act. 

Mutilating  registry  and  poll  books. 

Penalty  for  corrupt  swearing  be- 
fore registry  agent. 

Penalty — Registration  officers. 

Penalty  for  false  registration. 

Penalty — Defacing  registry  lists. 

Penalty — Certificate  of  nomination 
—Ballots. 


Sec.  415.  Penalty — Interfering  with  election 
conveniences  —  Preventing  others 
voting. 

Sec.  416.  Penalty  —  Putting  placards  in 
booths  for  electioneering  pur- 
poses. 

Sec  417.  Penalty — False  swearing  concern- 
ing qualifications  or  incapacity  to 
vote. 

Sec.  418.  Penalty — Use  of  intoxicants  by  of- 
ficers of  election. 

Sec.  419.     Unlawful  voting  at  primary. 

Sec.  420.     Misconduct  of  officers. 


ELECTION  OFFICERS  FAILING  TO  PERFORM  DUTY. 

SEC.  407.  Any  registry  agent,  judge  or  clerk  of  election,  or  any 
other  election  officer,  or  any  other  officer  or  person  upon  whom  any 
duty  is  imposed  by  the  election  laws  of  this  state,  who  shall  wilfully 
neglect  or  omit  to  perform  any  duties  so  imposed,  shall  be  fined  not 
more  than  two  thousand  dollars  and  not  less  than  one  hundred  dollars 
or  imprisoned  in  the  penitentiary  not  more  than  five  years,  or  both. 

[S.  L.  1890,  Ch.  80,  Sec.  165.] 

DOING  PROHIBITED  ACT, 

SEC.  408.  Any  registry  agent  or  judge  or  clerk  of  election,  or 
any  other  election  officer,  or  any  officer  or  person,  who  shall  do  or  per- 
form any  act  or  acts  prohibited  by  the  election  laws  of  this  state,  shall 
be  fined  not  more  than  two  thousand  dollars  and  not  less  than  one 
hundred  dollars,  or  be  imprisoned  in  the  penitentiary  not  more  than 
five  years,  or  both. 

[S.  L.  1890,  Ch.  80,  Sec    165.] 

MUTILATING  REGISTRY  AND  POLL  BOOKS. 

SEC.  409.  Any  person  who  shall  mutilate  or  erase  any  name, 
figure  or  word  in  any  poll  book,  taken  or  kept  at  any  election;  or  shall 
take  away  any  such  poll  book  from  the  place  where  it  has  been  de- 
posited for  safe  keeping,  with  intent  to  destroy,  mutilate,  change  or 
injure  the  same,  or  to  procure  or  prevent  the  election  of  any  person; 
or  shall  destroy  any  poll  book  kept  at  any  election,  shall  be  fined  not 
more  than  five  hundred  dollars,  and  imprisoned  in  the  county  jail,  not 
more  than  one  year. 

[S.  L.  1890,  Ch.  8<>,  Sec.  166.] 

PENALTY  FOR  CORRUPT  SWEARING  BEFORE  REGISTRY  AGENT. 

SEC.  410.  All  wilful,  corrupt  and  false  swearing  or  affirming  be- 
fore any  registry  agent  shall  be  the  crime  of  perjury  and  shall  be  pun- 
ished as  such. 

[S.  L.  1890,  Ch.  So,  Sec    167.] 


55 


ELECTORS  AND  ELECTIONS  DIV.  i     TL.  4 

PENALTY— REGISTRATION  OFFICERS. 

SEC.  411.  Any  registry  agent  or  other  person  who  in  any  man- 
ner shall  wilfull}'  or  corruptly  permit  any  person  not  entitled  to  regis- 
tration or  to  a  certificate  of  registration  to  be  registered  or  have  a  cer- 
tificate of  registration,  or  who  delays  or  fails  to  deliver  the  certified 
copies  of  the  official  register  and  check  list  to  the  judges  of  election  as 
required  by  law,  or  who  permits  any  person  to  register  after  the  date 
on  which  the  registration  books  close,  or  who  shall  otherwise  or  wil- 
fully or  corruptly  violate  any  of  the  provisions  of  law  relating  to  elec- 
tions, the  penalty  for  which  is  not  otherwise  specially  prescribed,  shall 
be  punished  for  each  and  every  offense  by  imprisonment  in  the  peni- 
tentiary for  a  term  of  not  less  than  one  year  nor  more  than  five  years, 
or  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  two 
thousand  dollars,  or  by  both. 

[S.  L.  1890,  Ch.  So,  vSec.  1 68.] 

PENALTY  FOR  FALSE  REGISTRATION. 

SEC.  412.  Any  person  who  shall  wilfully  cause  or  endeavor  to 
cause  his  name  to  be  registered  in  any  other  election  district  than  that 
in  which  he  resides  or  will  reside  prior  to  the  day  of  the  next  ensuing 
election,  except  as  herein  otherwi.se  provided,  and  any  person  wrho  shall 
cause  or  endeavor  to  cause  his  name  to  be  registered,  knowing  that  he 
is  not  a  qualified  elector  and  will  not  be  a  qualified  elector  on  or  before 
the  day  of  the  next  ensuing  election,  in  the  election  district  in  which 
he  causes  or  endeavors  to  cause  such  registry  to  be  made,  and  any  per- 
son who  shall  induce,  aid  or  abet  any  one  in  the  commission  of  either 
of  the  acts  in  this  section  enumerated  and  described,  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  be  con- 
fined in  the  county  jail  for  not  less  than  one  month  nor  more  than  six 
months,  or  both. 

[S.  L.  1890,  Ch.  So,  vSec.  169.] 

PENALTY-DEFACING  REGISTRY  LISTS. 

SEC.  413.  Any  person  who  shall  take  down,  tear  down  or  deface 
any  officially  posted  registry  list,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  of  one  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  for  a  period  of  not  less  than  thirty  days  nor  more 
than  ninety  days,  or  by  both. 

[S.  L.  1890,  Ch.  So,  Sec.  169.] 

PENALTY-CERTIFICATE  OF  NOMINATION- BALLOTS. 

SEC.  414.  Any  person  who  shall  falsely  make  or  wilfully  deface 
or  destroy  any  certificate  of  nomination  or  nomination  paper,  or  any 
part  thereof,  or  any  letter  of  withdrawal  or  sign  any  such  certificate 
or  paper  contrary  to  the  provisions  of  this  title,  or  who  shall  file  any 
certificate  of  nomination  or  nomination  paper  or  letter  of  withdrawal, 
knowing  the  same  or  any  part  thereof  to  be  falsely  made,  or  who  shall 
suppress  any  certificate  of  nomination  or  nomination  paper,  or  any  part 
thereof,  which  has  been  duly  filed,  or  who  shall  forge  or  falsely  make 
the  official  endorsement  on  any  ballot,  or  who  shall  wilfully  destroy  or 
deface  any  ballot,  or  who  shall  wilfully  delay  the  delivery  of  any  bal- 

56 


CH.   13  ELECTION  OEEEXSES  $415 

lots  shall  be  fined  not  exceeding  one  thousand  dollars  or  be  imprisoned 
in  the  county  jail  not  more  than  one  year,  or  both. 

[S.  I..  1890,  Ch.  S<>,  Sec.  170.] 

PENALTY-INTERFERING  WITH  ELECTION   CONVENIENCES  -  PRE- 
VENTING OTHERS  VOTING. 

SEC.  415.  Any  person  who  shall,  prior  to  an  election,  wilfully 
deface  or  destroy  any  list  of  candidates  posted  in  accordance  with  the 
provisions  of  this  title,  or  who,  during  an  election,  shall  wilfully  de- 
deface,  tear  down,  remove  or  destroy  any  of  the  supplies  or  conven- 
iences furnished  to  enable  an  elector  to  prepare  his  ballot,  or  who  shall 
wilfully  hinder  the  voting  of  others,  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars. 

[S.  L.  1890,  Ch.  80,  vSec.  171.] 

PENALTY-PUTTING  PLACARDS  IN  BOOTHS  FOR  ELECTIONEERING 
PURPOSES. 

SEC.  416.  Any  person  or  officer  of  election  who  shall  put  or  per- 
mit to  be  put  into  a  voting  booth  any  placard,  notice  or  device  except 
the  sample  ballots  and  cards  of  instruction  as  provided  by  law,  intended 
or  likely  to  call  the  attention  of  the  voter  to  any  candidate,  or  to  urge 
the  voter  to  vote  for  any  particular  candidate,  or  shall  put  or  allow 
anything  to  be  put  into  such  booths  for  the  use  or  comfort  of  the  voter 
whereby  the  claims  of  any  candidate  are  urged  upon  the  voter,  either 
directly  or  indirectly,  shall  be  imprisoned  in  the  count}7  jail  not  to  ex- 
ceed three  months,  or  fined  not  to  exceed  five  hundred  dollars,  or  both. 

[S.  L.  1890,  Ch.  So,  Sec.  172.] 

PENALTY-FALSE    SWEARING    CONCERNING    QUALIFICATIONS   OR 
INCAPACITY  TO  VOTE. 

SEC.  417.  Any  person  who  declares  or  swears  falsely  concerning 
his  incapacity  to  vote  at  any  election  without  the  aid  of  an  election  of- 
ficer, or  who  swears  falsely  concerning  the  qualifications  of  any  person 
offering  to  vote,  shall  be  imprisoned  in  the  county  jail  not  to  exceed 
six  months,  or  to  be  fined  not  to  exceed  five  hundred  dollars,  or  both. 

[S.  L.  1890,  Ch.  80,  Sec.  173.] 

PENALTY-USE  OF  INTOXICANTS  BY  OFFICERS  OF  ELECTION. 

SEC.  418.  Any  person  introducing  in  any  way,  upon  election 
day,  or  during  the  counting  of  the  ballots,  into  any  place  where  an 
election  is  held,  any  spirituous  or  malt  liquor,  and  any  judge  or  clerk 
of  election  drinking  any  such  liquor  in  such  place,  or  being  intoxicated 
therein  during  such  election  or  counting,  shall  be  imprisoned  in  the 
county  jail  not  exceeding  six  months,  or  be  fined  not  exceeding  five 
hundred  dollars,  or  both. 

[S.  L.  1890,  Ch.  80,  Sec.  175.] 

UNLAWFUL  VOTING  AT  PRIMARY. 

SEC.  419.  Whoever  shall  vote  at  any  primary  meeting,  or  at  any 
caucus  or  public  meeting  of  the  qualified  voters  of  a  county,  district, 
city  or  town,  or  ward  of  a  city,  or  of  any  specified  party  or  portion  of 
such  voters  for  the  nomination  of  candidates  to  be  supported  at  any 
state,  general,  county,  district,  municipal  or  town  election,  or  for  the 

57 


£420  KLI'XTORS  AND   KLKCTIONS  1)1  V.    i     TL.  4 

selection  of  delegates  to  any  political  convention,  or  for  the  appoint- 
ment of  any  political  committee,  not  being  a  legal  voter  in  the  county, 
city  or  town  or  ward  of  a  city  as  the  case  may  be,  in  and  for  which 
such  meeting  is  held,  or  whoever  shall  so  vote,  being  a  legal  voter,  but 
not  being  included  in  the  terms  of  the  call  tinder  which  such  meetings 
are  held;  or  whoever  shall  vote  or  attempt  to  vote  under  any  name  not 
his  own;  or  whoever  shall  vote  or  attempt  to  vote  more  than  once  at 
one  balloting,  or  whoever  knowingly  shall  cast  or  attempt  to  cast  more 
than  one  ballot  at  one  time  of  balloting,  or  more  than  the  number  of 
separate  ballots  allowed  to  each  voter,  if  more  than  one  ballot  is  al- 
lowed to  be  cast,  shall  be  fined  not  more  than  fifty  dollars  or  impris- 
oned in  the  county  jail  not  more  than  three  months,  or  both. 

[S.  L    1890-91,  Ch.  32,  vSec.  4.] 

MISCONDUCT  OF  OFFICERS  AT  PRIMARIES. 

SEC.  420.  Whoever,  being  an  officer  appointed  and  acting  at  any 
such  meeting,  shall  knowingly  make  a  false  count  of  ballots  or  votes, 
or  make  a  false  statement  or  declaration  of  the  result  of  a  ballot  or  vote, 
or  knowingly  refuse  to  receive  any  ballot  cast  by  any  person  qualified 
to  vote  at  such  meeting,  or  shall  wilfully  alter,  deface  or  destroy  any 
ballots  cast  or  check  lists  used  thereat,  before  the  time  provided  by 
law  for  the  destruction  of  the  same,  or  shall  decline  or  fail  to  receive 
any  written  request  as  provided  by  law,  governing  primaries,  or  shall 
decline  or  fail  to  perform  any  duty  or  obligation  imposed  by  said  law, 
shall  be  fined  not  more  than  fifty  dollars,  or  imprisoned  in  the 
county  jail  not  more  than  three  months,  or  both. 

[S.  L.  1890-91,  Ch.  32,  Sec.  6.] 


MISCELLANEOUS  LAWS 


TERM  OF  SUCCESSOR  TO  GOVERNOR-PROVISO. 

SEC.  52.  Whenever  the  powers  and  duties  of  the  office  of  the 
governor  of  the  state  of  Wyoming  shall  devolve  upon  a  person,  as  here- 
inbefore provided,  the  person  acting  as  governor  shall  continue  to  act 
as  governor,  as  aforesaid,  until  the  end  of  the  term  of  the  governor; 
Provided,  such  assumption  of  office  is  made  as  aforesaid  less  than 
twenty  days  before  the  next  general  election  of  county  officers,  preced- 
ing the  next  ensuing  general  election  for  state  officers;  but  should  such 
assumption  be  made  as  aforesaid  previous  to  twenty  days  before  a  gen- 
eral election  for  county  officers,  then  and  in  that  case,  the  person  act- 
ing as  governor  as  aforesaid,  shall  issue  an  additional  proclamation 
calling  for  the  election  of  a  governor  to  fill  the  unexpired  term,  which 
election  shall  take  place  at  the  same  time  as  the  general  election  for 
county  officers,  and  such  election,  together  with  the  returns  and  can- 
vass thereof,  shall  be  conducted  in  all  respects  as  though  it  was  an 
original  election  for  governor.  When  the  state  canvassing  board  shall 
have  canvassed  the  vote  of  the  election  as  aforesaid,  and  in  the  manner 
provided  by  law,  declared  a  person  at  such  election  to  be  elected  as 
governor,  such  person  shall,  within  thirty  days  after  such  canvass,  or 

5* 


CII.  12  PRESIDENTIAL  ELECTORS  3165 

as  soon  thereafter  as  possible,  qualify  and  assume  the  duties  and  pow- 
ers of  governor,  and  shall  be  the  governor  of  the  state  of  Wyoming  for 
the  remainder  of  the  unexpired  term  of  governor. 

[S  L.  1890-91,  Ch.  14,  Sec.  3.] 


DIVISION  ONE 


TITLE  IH 
CHAPTER  J2 

PRESIDENTIAL   ELECTORS 


Sec.    if>5.     Klfction    of    presidential    electors 

provided  for. 
Sec.    166.     Certificate  of  election. 


Sec.   167.     Klectors  shall  convene  when — Kill- 
ing of  vacancy. 

vSec.   168.     When  shall  proceed  to  vote. 
Sec.   169.     Compensation. 


ELECTION  OF  PRESIDENTIAL  ELECTOR  PROVIDED  FOR, 

SEC.  165.  At  the  general  election  next  preceding  the  choice  of 
president  and  vice  president  of  the  United  States  of  America,  there 
shall  be  elected  as  many  electors  of  president  and  vice  president  of  the 
United  States  of  America  as  this  state  may  be  entitled  to  elect  of  sen- 
ators and  representatives  in  congress. 

[S.  L.  1890-91,  Ch.  63,  Sec.  i.] 

CERTIFICATE  OF  ELECTION. 

SEC.  1 66.  The  certificate  of  election  for  electors  of  president  and 
vice  president  of  the  United  States  of  America,  shall  be  served  on  each 
person  elected,  notifying  him  to  attend  at  the  office  of  the  secretary  of 
state  at  the  seat  of  government  at  the  hour  of  twelve  o'clock  noon  of 
the  Saturday  next  preceding  the  second  Monday  of  January  next 
after  his  election,  and  to  report  himself  to  the  governor  of  this  state  as 
in  attendance. 

[S.  L.  1890-91,  Ch.  63,  Sec.  2.] 

ELECTORS  SHALL  CONVENE  WHEN-FILLING  OF  VACANCY. 

SEC.  167.  The  electors  of  president  and  vice  president  so  attend- 
ing, shall  convene  in  the  office  of  the  secretary  of  state  at  the  capital 
of  the  state,  at  the  hour  of  twelve  o'clock  noon  of  the  Saturday  next 
preceding  the  second  Monday  of  January,  as  provided  in  section  one 
hundred  and  sixty-six,  and  in  case  there  shall  be  any  vacancy  in  the 
office  of  an  elector,  occasioned  by  the  death,  refusal  to  act,  neglect  to 
attend  by  the  hour  of  12  o'clock  noon  of  said  day,  or  on  account  of 
an)T  two  of  the  persons  voted  for  as  electors  having  received  an  equal 
and  the  same  number  of  votes,  or  on  account  of  the  ineligibility  of  any 
person  elected,  or  from  any  cause,  the  qualified  electors  present  shall 
proceed  to  fill  such  vacancy  by  ballot  and  plurality  of  votes,  and  the 
said  electors  so  present  shall  immediately  issue  a  certificate  of  election 
signed  by  those  present,  or  a  majority  of  them,  to  the  person  so  chosen. 

59 


?i68  ELECTORS  AND  ELECTIONS  DIV.  i     TL.  3 

In  case  of  a  failure  to  elect  by  the  said  electors  by  noon  of  the  Monday 
next  following,  the  governor  shall  fill  the  vacancy  by  appointment. 

[S.  L.  1890-91,  Ch.  63,  Sec.  3.] 

WHEN  SHALL  PROCEED  TO  VOTE. 

SEC.  1 68.  The  college  of  electors  being  full,  shall  meet  at  the  of- 
fice of  the  secretary  of  state  at  the  capital  at  noon  of  the  said  second 
Monday  of  January,  and  shall  proceed  to  the  election  and  performance 
of  their  duties  in  conformity  with  the  constitution  and  laws  of  the 
United  States  of  America. 

[S.  L.  1890-91,  Ch.  63,  Sec.  4-1 

COMPENSATION. 

SEC.  169.  The  said  electors  shall  each  receive  a  compensation  of 
five  dollars  for  each  day's  attendance,  and  the  same  mileage  as  is  pro- 
vided for  members  of  the  legislature  of  this  state,  and  the  amount  of 
such  attendance  and  mileage  shall  be  presented,  audited  and  paid  in 
the  same  manner  as  other  claims  against  the  state,  out  of  any  funds  in 
the  state  treasury,  not  otherwise  appropriated. 

[S.  L.  1890-91,  Ch.  63,  Sec.  5.] 

ELECTION  OF  OFFICERS  ON  ORGANIZATION  OF  NEW  COUNTY. 

SEC.  1008.  At  the  next  general  election  held  in  the  state,  after 
the  appointment  of  such  commissioners,  an  election  shall  be  held  in 
such  county  and  in  the  same  manner  as  if  such  count}*  were  organized. 
In  addition  to  voting  for  a  member  of  congress  and  such  state  and  dis- 
trict officers,  as  may  be  provided  for  by  law,  the  electors  of  such  county 
shall  at  such  election  elect  the  members  of  the  senate  and  house  of  rep- 
resentatives of  the  state  to  \vhich  such  county  is  entitled;  and  also  the 
county  and  precinct  officers  provided  for  by  law;  and  at  the  same  time 
they  shall  choose  a  county  .seat  for  such  county  in  the  same  manner  in 
which  county  officers  are  elected. 

[S.  L.  1895,  Ch.  59,  Sec.  6.] 

TERMS  OF  COUNTY  COMMISSIONERS. 

SEC.  1056.  The  board  of  county  commissioners  of  each  county 
shall  consist  of  three  qualified  electors  who  shall  hereafter  be  elected  in 
the  following  manner:  At  the  general  election  to  be  held  in  Novem- 
ber, 1900,  there  shall  be  elected  in  each  organized  county  two  commis- 
sioners for  a  term  of  two  years  and  one  commissioner  for  a  term  of 
four  years,  the  persons  so  elected  to  constitute  said  board,  and  there- 
after at  each  general  election  there  shall  be  elected  in  each  organized 
county  one  commissioner  for  a  term  of  two  years  and  one  commissioner 
for  a  term  of  four  years.  Each  person  elected  as  such  commissioner 
shall,  on  or  before  the  first  Monday  in  January  succeeding  his  election, 
if  elected,  and  immediately  upon  being  appointed  to  fill  a  vacancy  in 
the  board  of  county  commissioners,  take  and  subscribe  the  same  oath 
of  office  which  is  required  of  other  county  officers,  and  also  shall  give 
a  bond  to  the  state  of  Wyoming  in  the  sum  of  one  thousand  dollars, 
which  shall  be  approved  by  the  judge  of  the  judicial  district.  Each 
member  of  the  board  shall  take  and  subscribe  the  same  oath  as  that  of 
other  county  officers,  and  shall  give  a  bond  to  the  state  of  Wyoming 

60 


MISCELLANEOUS  LAWS  <ji6Si 

in  the  sum  of  one  thousand  dollars,  which  bond  shall  be  approved  by 
the  treasurer  of  said  county.  Any  two  of  such  board  shall  constitute 
a  quorum  and  shall  be  competent  to  act;  Provided,  That  in  counties  of 
the  fourth  class,  if  it  shall  be  so  decided  by  a  majority  of  the  voters  of 
the  county,  at  any  general  election,  there  shall  be  two  county  commis- 
sioners elected,  one  for  the  term  of  four  years  and  one  for  the  term  of 
two  years,  and  at  each  general  election  thereafter,  one  commissioner 
for  a  term  of  four  years.  And  such  two  members  so  elected,  together 
\vith  the  county  clerk  as  member  ex-officio,  shall  constitute  the  board 
of  county  commissioners  of  said  county.  And  the  commissioners  in 
such  counties  of  the  fourth  class  shall  subscribe  to  the  same  oath,  and 
give  bond  in  the  same  amount  as  is  required  of  other  county  commis- 
sioners, said  bonds  to  be  approved  by  the  treasurer  of  said  county. 
The  county  commissioners  in  any  fourth  class  county  shall,  upon  peti- 
tion of  twenty-five,  or  more,  voters  and  taxpayers  of  such  county,  sub- 
mit the  question  as  to  the  number  of  commissioners  to  be  elected  in 
their  county,  to  the  voters  of  said  county  at  any  general  election. 

[S.  L.  1890-91,  "Ch.  57,  Sec.  i;   S.  L.  1899,  Ch.  11.] 

TIE  VOTE  IN  CITY  ELECTION— HOW  DECIDED. 

SEC.  1681.  When  a  tie  shall  occur  in  the  election  of  any  city 
officer,  the  count}'  clerk  shall  certify  that  fact  to  the  city  council,  and 
such  council  shall,  by  order  or  resolution,  entered  of  record,  declare 
which  of  the  persons  receiving  the  same  and  equal  number  of  votes  at 
such  election,  shall  be  elected,  and  thereupon  the  person  declared 
elected  shall  be  entitled  to  hold  the  office  for  the  full  term  thereof. 

[S.  L.  1897,  Ch.  28,  Sec.  9.] 

SALOONS  SHALL  BE  CLOSED  ON  SUNDAY  AND  ELECTION  DAY. 

SEC.  2643.  Every  person  or  persons,  company  or  corporation, 
having  license  to  sell  liquors  under  the  laws  of  Wyoming,  who  shall 
keep  open,  or  suffer  his  or  their  agent  or  employe  to  keep  open,  his  or 
their  place  of  business,  or  who  shall  sell,  give  away  or  dispose  of  or 
permit  another  to  sell,  give  away  or  dispose  of,  on  his  or  their  prem- 
ises, any  spirituous,  malt,  vinous  or  fermented  liquors,  or  any  mix- 
tures of  any  such  liquors,  on  the  first  day  of  the  \veek,  commonly 
called  Sunday,  or  upon  an}-  day  upon  which  any  general  or  special 
election  is  being  held,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  in  any  sum  not  less  than  twenty-five  dollars,  or 
more  than  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not  to 
exceed  three  months. 

[S.  L.  1888,  Ch.  86,  vSec.  i.] 

CONSTITUTIONAL  AMENDMENTS  -  OFFICIAL  BALLOTS-HOW  PRE- 
PARED. 

SEC.  2704.  Each  count}-  clerk  when  preparing  the  official  ballot 
for  an  election,  shall  include  as  a  part  of  such  ballot  the  submission  to 
the  people  of  every  constitutional  amendment,  a  copy  of  which  has 
been  transmitted  to  him  by  the  secretary  of  state  for  that  purpose; 
the  language  of  such  submission  on  such  ballot  shall  be  substantially 
as  follows: 

61 


#2705  ELECTORS  AND  ELECTIONS 

Vote  for  one. 

Constitutional  amendment,  number Yes 

Constitutional  amendment,  number No 

Such  language  of  submission  with  the  appropriate  change  of  num- 
ber shall  be  repeated  as  many  times  as  there  are  constitutional  amend- 
ments to  be  submitted. 

[S.  L.  1895,  Ch.  49,  Sec.  6  ] 

RESULT  OF  ELECTION  AS  TO  AMENDMENTS- HOW  DETERMINED, 

SEC.  2705.  The  result  of  every  such  election,  with  reference  to 
such  proposed  amendments,  shall  be  determined  in  all  respects  in  the 
same  manner  as  results  are  now,  or  may  be  hereafter,  determined,  ac- 
cording to  law  for  state  officers. 

[S.  L.  1895,  Ch.  49.  Sec.  7.] 


SESSION  LAWS  OF  1901 


CHAPTER  69 

House  Bill  No.  114. 
CITY  ELECTIONS 

AN  ACT  fixing  the  terms  and  providing  the  time  for  the  election  of  mayor  and  councilman  in 
cities  incorporated  under  special  charter  containing  a  population  of  not  less  than  10,000, 
and  making  provision  for  such  elections. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Wyoming . 
TIME  OF. 

SECTION  i .  In  every  city  heretofore  incorporated  under  a  special 
charter,  and  not  under  a  general  law  of  the  state,  having  a  population 
of  not  less  than  10,000  inhabitants,  according  to  the  last  preceding 
United  States  census,  the  election  of  mayor  and  councilmen  shall  take 
place  on  the  Tuesday  next  after  the  first  Monday  in  November.  The 
mayor  of  such  city  shall  be  elected  on  the  Tuesday  next  after  the  first 
Monday  in  November  in  the  year  1902,  and  every  second  year  there- 
after. One  councilman  from  each  ward  shall  be  elected  each  year  for 
a  term  of  three  years.  The  next  election  for  councilmen  succeeding 
the  passage  of  this  act  shall  occur  on  the  first  Tuesday  next  after  the 
first  Monday  in  November,  in  the  year  1901,  at  which  time  one  coun- 
cilman in  each  ward  shall  be  elected  and  each  year  thereafter  one  coun- 
cilman shall  be  elected  in  each  ward. 

TERM  OF  MAYOR. 

SEC  2.  The  mayor  who  shall  be  elected  in  such  city  or  cities  at 
the  election  to  be  held  in  November,  1902,  shall  enter  upon  the  duties 
of  his  office  at  the  expiration  of  the  official  term  of  the  mayor,  who 
shall  be  the  incumbent  of  such  office  at  the  time  of  such  election,  and 
shall  continue  in  office  until  the  first  Monday  in  January,  1905,  and 
thereafter  the  official  term  of  each  mayor  of  any  such  city  or  cities 
shall  commence  on  the  first  Monday  in  January  next  succeeding  the 

62 


CH.  69  CITY  ELECTIONS—LAWS  OP  1901  #3 

date  of  his  election,  and  continue  until  the  first  Monday  in  January  of 
the  second  year  after  the  commencement  of  such  term. 

TERM  OF  COUNCILMEN. 

SEC.  3.  The  term  of  office  of  the  councilmen,  who  shall  be  elected 
at  the  election  to  be  held  in  the  month  of  November,  in  the  years  1901, 
1902,  1903,  shall  commence  at  the  expiration  of  the  official  term  of  the 
councilmen  respectively,  who  are  to  be  succeeded  by  the  councilmen, 
so  as  aforesaid,  to  be  elected,  and  the  term  of  each  councilman  who 
shall  be  elected  in  the  month  of  November  in  the  years  aforesaid,  shall 
continue  for  three  years,  from  the  first  Monday  in  January  succeeding 
his  election:  and  thereafter  the  term  of  office  of  the  councilmen  of  any 
such  city  or  cities,  who  shall  be  elected  for  a  term  of  three  years  in  the 
month  of  November,  shall  commence  on  the  first  Monday  in  January 
next  succeeding  their  election  and  shall  continue  for  three  years  there- 
after. 

DUTY  OF  CITY  CLERK. 

SEC.  4.  Whenever  the  city  election  in  any  such  city  or  cities 
shall  occur  at  the  same  time,  as  shall  be  provided  by  law  for  state  and 
county  elections,  the  city  clerk  shall  certify  to  the  county  clerk  the 
list  of  nominations  made  for  such  city  election,  and  the  names  of  the 
candidates  for  city  offices  shall  be  printed  upon  the  same  ballot  pro- 
vided by  the  county  for  the  election  of  state  and  county  offices.  In 
such  case,  the  city  shall  pay  its  pro  rata  proportion  for  the  cost  and 
printing  of  such  ballots.  Nominations  for  offices  to  be  voted  for  at  a 
city  election  shall  be  filed  with  the  city  clerk  not  more  than  thirty  days 
and  not  less  than  twenty  days  previous  to  the  day  of  election,  and  the 
same  shall  be  certified  by  the  city  clerk  to  the  county  clerk  of  the  pro- 
per county  not  less  than  fifteen  days  previous  to  the  day  of  election,  in 
case  the  election  for  city  offices  shall  occur  at  the  same  time  provided 
by  law  for  state  and  county  elections.  Whenever  the  city  election  in 
any  such  city  or  cities  shall  occur  in  a  year  or  at  a  time  when  no  state 
or  county  election  is  provided  for,  nominations  shall  be  filed  with  the 
city  clerk  in  the  manner  heretofore  required  by  law7. 

LAW  GOVERNING  ELECTION. 

SEC.  5.  Whenever  the  city  election  in  any  city  or  cities  shall 
occur  at  a  time  not  provided  by  law  for  state  and  county  elections  and 
at  a  time  when  no  state  or  county  election  is  to  be  held,  such  election 
shall  be  conducted  in  all  respects  as  heretofore  provided  by  law  for 
municipal  elections  and,  in  such  case,  the  provisions  of  sections  389 
to  406,  inclusive,  being  Chapter  12,  Title  4,  Division  i,  of  the  Revised 
Statutes,  1899,  shall  govern  said  elections  in  so  far  as  they  shall  be 
applicable  and  not  inconsistent  with  the  provisions  of  this  act. 

CANVASS  OF  ELECTION. 

SEC.  6.  Whenever  the  city  election  in  any  such  city  or  cities 
shall  occur  at  the  same  time  provided  by  law  for  state  and  county  elec- 
tions, and  at  the  same  time  when  a  state  and  county  election  is  to  be 
held,  the  judges  and  clerks  of  election  in  the  precincts  within  such 

63 


27  CITY  ELECTIONS—  LAWS  OF  1901  CH.  69 

city  or  cities  respectively  appointed  for  the  purpose  of  conducting  the 
election  for  state  and  county  officers,  shall  also  conduct  the  election  for 
city  officers,  and  the  election  for  city  officers  shall,  in  such  case,  be 
canvassed  in  the  same  manner  as  the  election  for  county  officers.  In 
such  case  the  county  clerk  for  the  proper  count)-  shall  certify  to  the 
city  clerk  of  the  city  the  result  of  such  canvass,  and  it  shall  be  the 
duty  of  the  city  clerk  to  issue  to  the  officers,  so  elected,  proper  certifi- 
cates of  their  election.  The  mayor  and  council  of  any  city  to  which 
this  act  shall  apply  shall  not  be  required,  after  the  passage  of  this  act, 
to  designate  judges  or  clerks  of  election  or  polling  places  when  the  city 
election  shall  be  held  at  the  same  time  and  place  as  an  election  for 
county  and  state  officers;  but  in  such  case,  the  same  polling  places 
within  the  city  shall  be  used  as  those  used  for  the  election  of  state  or 
county  officers. 

REGISTRATION. 

SEC.  7.  Whenever  the  election  for  city  officers  in  any  city  to 
which  this  act  shall  be  applicable,  shall  occur  at  the  same  time  as  that 
provided  by  law  for  state  and  county  elections,  it  shall  not  be  necessary 
for  any  registration  of  voters  other  than  that  provided  by  law  for  the 
registration  of  voters  for  state  and  county  elections;  but  in  such  case 
the  registration  of  voters  made  in  manner  provided  by  law  preceding 
state  and  county  elections  shall  be  used  and  shall  control,  so  far  as 
applicable  in  the  election  for  city  officers,  but  only  duly  qualified  elec- 
tors residing  within  the  city  shall  be  permitted  to  vote  for  city  officers. 
Whenever  the  city  election  in  such  city  shall  occur  in  a  year  or  at  a 
time  when  there  shall  not  be  an  election  for  state  and  county  officers, 
the  provisions  of  Sections  391  to  404,  inclusive,  of  the  Revised  Stat- 
utes, 1899,  respecting  the  registration  of  voters  for  city  elections  and 
the  qualifications  of  voters  thereat,  shall  govern  and  control  at  such 
election. 
PROCEDURE  WHEN  ELECTOR  NOT  ENTITLED  TO  VOTE  CITY  TICKET. 

SEC.  8.  In  case  at  any  precinct,  whenever  the  city  election  shall 
be  held  at  the  same  time  as  state  or  county  elections,  there  shall  be  vot- 
ers qualified  to  vote  at  such  precinct  for  state  or  county  officers  but  are 
not  entitled  to  vote  for  city  officers,  the  judges  of  election  shall  furnish 
to  such  voters  a  ballot  not  containing  the  names  of  the  candidates  for 
city  offices;  and  the  judges  of  such  precincts  shall  be  furnished  by  the 
county  clerk  a  reasonable  number  of  ballots  not  containing  the  names 
of  candidates  for  city  offices,  for  the  purpose  aforesaid. 

SEC.  9.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  Feby.  i6th,  1901. 


CH.  22  TERMS  OF  CITY  OFFICERS— LAWS  OF   1905 


SESSION  LAWS  OF  1905 
CHAPTER  22 

House  Bill  No.  83. 
TERMS  OF  CITY  OFFICERS 

AX  ACT  to  amend  and  re-enact  Sections  2  and  3  of  Chapter  69  of  the  Session  I,aws  of  1901.  relating 
to  the  terms  of  office  of  mayor  and  conncilmen  in  cities  incorporated  under  special  charter, 
containing  a  population  of  not  less  than  10,000  inhabitants. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Wyoming : 
MAYOR. 

SECTION  i.  That  Section  Two  (2)  of  Chapter  Sixty-Nine  (69) 
of  the  Session  Laws  of  1901,  be  amended  and  re-enacted  so  as  to  read 
as  follows: 

"SEC  2.  The  mayor  who  shall  be  elected  in  such  city  or  cities  at 
the  election  to  be  held  in  November,  1906,  shall  enter  upon  the  duties 
of  his  office  at  the  expiration  of  the  official  term  of  the  mayor,  who 
shall  be  the  incumben^  of  such  office  at  the  time  of  such  election,  and 
shall  continue  in  office  until  the  first  Tuesday  in  January,  1909,  and 
thereafter  the  official  term  of  each  mayor  of  any  such  city  or  cities 
shall  commence  on  the  first  Tuesday  in  January  next  succeeding  the 
date  of  his  election,  and  shall  expire  on  the  first  Tuesday  in  January  of 
the  second  year  after  the  commencement  ,of  such  term." 

COUNCILMEN. 

SEC.  2.  That  Section  Three  (3)  of  Chapter  Sixty-Nine  (69)  of 
the  Session  Laws  of  1901,  be  amended  and  re-enacted  so  as  to  read  as 
follows: 

"SEC.  3.  The  term  of  office  of  councilmen,  who  shall  be  elected 
at  the  election  to  be  held  in  the  month  of  November,  in  the  years  1905, 
1906,  1907,  shall  commence  at  the  expiration  of  the  official  term  of  the 
councilmen  respectively,  who  are  to  be  succeeded  by  the  councilmen, 
so  as  aforesaid,  to  be  elected,  and  the  term  of  each  councilman  who 
shall  be  elected  in  the  month  of  November  in  the  years  aforesaid,  shall 
continue  for  three  years,  from  the  first  Tuesday  in  January  succeeding 
his  election;  and  thereafter  the  term  of  office  of  the  councilmen  in  any 
such  city  or  cities,  who  shall  be  elected  for  the  term  of  three  years  in  the 
month  of  November,  shall  commence  on  the  first  Tuesday  of  January 
next  succeeding  their  election  and  shall  continue  for  three  years  there- 
after." 

SEC.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  loth,  A.  D.    1905. 


\\  TERM  OF  MAYOR  AND  COUNCILMEN— LAWS  OF  1905       CIL  74 


CHAPTER  74 

House  Bill  No    147. 
MAYOR  AND  COUNCILMEN  —  TERM  OF 

AX  ACT  prescribing  the  term  of  office  of  the  mayor  and  councilmen  in  incorporated  to\vn.s  hav- 
ing a  population  of  not  less  than  one  thousand  nor  more  than  thirty-five  hundred  and  not 
embraced  within  the  definition  of  cities  of  either  the  first  or  second  class,  and  providing  for 
salaries  of  officers. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Wyoming : 

TERM  OF  OFFICE. 

SECTION  i .  In  every  town  incorporated  under  the  general  laws 
of  this  state  having  a  population  of  not  less  than  one  thousand  nor 
more  than  thirty-five  hundred,  to  be  determined  by  the  last  preceding 
United  States  census,  and  which  is  not  embraced  within  the  definition  of 
cities  either  of  the  first  or  second  class  as  heretofore  defined  by  law,  the 
term  of  office  of  the  mayor  shall  be  two  years  and  of  councilmen  four 
years,  and  at  the  election  held  on  the  second  Tuesday  in  May,  A.  D.  1905, 
in  such  towns  as  come  writhin  the  provisions  hereof,  there  shall  be 
elected  one  mayor,  for  the  term  of  two  years,  and  two  councilmen  for 
the  term  of  four  years,  and  every  two  years  thereafter  there  shall  be 
elected  one  mayor  for  the  term  of  two  years,  and  two  councilmen  for 
the  term  of  four  years;  Provided,  that  on  the  second  Tuesday  in  May, 
A.  D.  1906,  there  shall  be  no  election  for  mayor,  but  two  councilmen 
shall  then  be  elected,  who  shall  hold  office  until  the  second  Tuesday  in 
May  following  their  election. 

SALARIES. 

SEC.  2.  In  towns  coming  under  the  provisions  of  the  preceding 
section,  the  mayor  shall  receive  an  annual  salary  of  fifty  dollars  and 
each  councilman  shall  receive  an  annual  salary  of  twenty-five  dollars. 
All  appointed  officers  of  such  town  shall  receive  such  salary  or  compen- 
sation as  may  be  provided  by  law  or  ordinance. 

SEC.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  2ist,  A.  D.  1905. 


CHAPTER  88 

ELECTORS-WHERE  THEY  MAY  VOTE 

AN  ACT  to  provide  that  electors  may  vote  in  any   precinct    where   their  duties  call    them   on 
election  day. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  \Vyomiug: 
ELECTOR  ABSENT  FROM  HIS  PRECINCT. 

SECTION   i.     It  shall  be  lawful  for  any  elector  being  a  qualified 
elector  of  the  state  of  Wyoming,  who  may,   on   the  occurence   of   any 

66 


CH.  88  WHERE  ELECTORvS  MAY  VOTE  £2 

general  election,  be  unavoidably  absent  from  his  county  or  precinct 
because  his  duties  or  occupation  or  business  require  him  to  be  else- 
where within  the  state,  to  vote  for  county,  district  or  state  officers, 
members  of  the  legislature,  members  of  congress  and  electors  of  presi- 
dent and  vice  president  of  the  United  States  in  any  precinct  where  he 
may  present  himself  for  that  purpose  on  the  day  of  such  election,  under 
the  regulations  hereinafter  prescribed. 

CERTIFICATE  FROM  REGISTRATION  OFFICERS, 

SEC.  2.  Such  elector  must  obtain  from  the  registration  officers  of 
the  precinct  in  which  he  is  entitled  to  vote  a  certificate  showing  that 
such  elector  is  entitled  to  vote,  giving  the  name  and  residence  of  such 
elector,  also  the  number  of  the  registration  as  appears  upon  the  regis- 
tration books  of  such  precinct,  and  if  any  elector  so  applying  to  vote 
whose  place  of  residence  is  in  a  precinct  where  prior  registration  is  by 
law  not  required,  then  such  elector  must  furnish  such  judges  of  elec- 
tion his  affidavit  taken  before  the  county  clerk  of  his  county, 
which  affidavit  shall  show  the  name  of  such  elector,  his  business  and 
occupation,  his  place  of  residence  and  that  such  residence  is  located  in 
a  precinct  where  prior  registration  is  not  required  by  law. 

AFFIDAVIT. 

SEC.  3.     The  voter  so  entitled  to  vote  shall  present  himself  at  the 
polls  in  any  precinct  in  the  state  where  he  may  be  on  such  election 
day,  and  during  voting  hours,  and  make  and  subscribe  before  one  of 
the  judges  of  election,  an  affidavit  in  substance  as  follows: 
H  'The  State  of  Wyoming,  County  of ,  ss. 

"I, . ,  do  solemly  swear  (or  affirm) 

that  I  have  actually,  and  not  constructively,  been  a  bona  fide  resident 

of  the  state  of  Wyoming  one  year,  and  of  the  County  of 

sixty  days  next  preceding  this  date;   that  I  am   an   actual   resident  of 

Polling  Precinct  No ,  in  Election  District  No , 

in  said  county  (or  in  the  city  of .  . ),  and  am  in  all  respects 

a  duly  qualified    elector   of   said   county  and   precinct;   that    I    am   a 

,  and  that  because  of  my  duties  (or  occupation  or 

business)  as  such I  am  required  to  be  absent  from 

my  county  (or  precinct )  on  this  day,  and  have  not  had  and  will  have 
no  opportunity  to  vote  there;  and  that  I  have  not  voted  elsewhere  at 
this  election." 

Any  judge  of  election  in  any  precinct  in  this  state  is  hereby  au- 
thorized to  administer  the  oath  and  take  and  certify  such  affidavit. 
Thereupon  the  affiant  shall  be  given  a  blank  official  ballot,  as  in  the 
case  of  a  resident  voter,  and  shall  mark  the  same  as  any  resident  voter 
may,  and  shall  fold  the  same  and  hand  it  to  the  judges,  as  in  the  case 
of  a  resident  voter,  but  such  ballot  shall  not  be  deposited  in  the  ballot 
box  nor  entered  on  the  poll-books.  It  shall,  together  with  said  affi- 
davit, be  securely  sealed  in  an  envelope,  upon  the  back  of  which  one  of 

the  judges  shall  write:    "The  ballot  of ,  an  absent  voter 

of  Polling  Precinct  No ,  in  Election  District  No 

in  the  County  of (or  in  the  City  of ) , " 

67 


24  WHERE  ELECTORS  MAY  VOTE— LAWS  OF  1905  CH.  S<S 

which  shall  be  signed  by  one  of  the  judges,  a  cop}'  of  which  affidavit 
the  said  judges  shall  retain  with  the  other  affidavits  and  papers  in  con- 
nection with  their  duties  as  such. 

AFFIDAVITS  MAILED  TO  HOME  COUNTY  CLERKS. 

SEC.  4.  All  such  envelopes  shall,  by  the  judges  of  election,  be 
mailed  to  the  county  clerks  of  the  county  where  such  elector  claims 
residence  not  later  than  the  next  succeeding  day. 

CANVASS. 

SEC.  5.  The  said  county  clerk  of  the  county  in  which  said  absent 
voter  resides  shall  receive  said  ballot,  and  shall  safely  keep  and  pre- 
serve the  same  unopened  in  his  office  until  the  county  canvassing  board 
meet  to  canvass  the  vote  according  to  law,  at  which  time,  at  two 
o'clock  in  the  afternoon  of  the  first  day  of  the  meeting  of  said  canvass- 
ing board,  any  two  electors  residents  of  the  precinct  in  which  such 
elector  claims  residence,  may  appear  before  said  canvassing  board  and 
challenge  such  voter's  right  to  vote  at  such  election.  When  such  elec- 
tor shall  establish  his  right  to  so  vote  to  the  satisfaction  of  said  can- 
vassing board  in  accordance  with  the  election  laws  of  Wyoming. 
Should  no  such  challengers  appear  during  the  first  day  of  meeting  of 
said  board,  they  shall  not  be  permitted  to  so  appear  thereafter.  Should 
the  contention  of  such  challengers  be  by  said  board  sustained,  then  said 
sealed  envelope  shall  be  returned  to  said  elector,  and  the  said  county 
canvassing  board,  in  the  presence  of  said  county  clerk  and  no  other 
person,  shall  open  all  envelopes  not  so  challenged  and  record  the  said 
ballot  upon  the  poll-sheet  of  the  proper  precinct  or  district  in  their 
possession,  in  the  same  manner  as  clerks  of  election  record  votes,  and 
in  so  canvassing  said  vote  the  said  canvassing  board  shall  count  the 
votes  of  all  absent  voters  taken  as  herein  provided,  and  add  the  same 
to  the  total  of  the  poll-sheet,  in  arriving  at  the  total  result  of  the  elec- 
tion in  the  precinct,  or  election  district,  where  said  voter  resides. 

DISPOSITION  OF  BALLOT  AFTER  CANVASS. 

SEC.  6.  Said  ballot,  when  so  opened  by  the  canvassing  board, 
shall  be  sealed  in  an  envelope  with  the  endorsement  thereon:  "Vote  of 

absent  voter  of  Polling  Precinct  No ,  in  Election  District  No , 

in  the  County  of (or  City  of ),"  and   the  same 

shall  be  kept  in  the  county  clerk's  office  as  other  ballots  are  kept  until 
destroyed  according  to  law;  and  in  case  of  a  contested  election  the 
same  may  be  counted  and  opened  as  in  other  cases.  The  said  board  of 
canvassers  and  the  county  clerk  of  each  county  wherein  any  vote  of 
any  absent  voter  is  received,  as  herein  provided,  shall  keep  the  fact  of 
such  vote  and  the  persons  for  whom  the  same  is  recorded  and  contents 
thereof  secret  and  shall  not  reveal  or  divulge  the  same. 
ACTS  INCONSISTENT. 

SEC.  7.  Ail  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

SEC.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  2ist,  A.  D.  1905. 

68 


CONSTITUTIONAL  PROVISIONS  527 


CONSTITUTIONAL  PROVISIONS 


DECLARATION  OF   RIGHTS 

ELECTIONS-NO  INTERFERENCE  WITH. 

SKC.  27.  Elections  shall  be  open,  free  and  equal,  and  no  power 
civil  or  military,  shall  at  any  time  interfere  to  prevent  an  untrammeled 
exercise  of  the  right  of  suffrage. 


ARTICLE  VL 

SUFFRAGE 

EQUAL  RIGHTS. 

SECTION    i .     The  rights  of  citizens  of   the  state  of  Wyoming  to 
vote  and  hold  office  shall  not  be  denied  or  abridged  on  account  of  sex. 
Both  male  and  female  citizens  of  this  state  shall  equally  enjoy  all  civil, 
political  and  religious  rights  and  privileges. 
McKinney  vs.  State,  3  Wyo.  719. 

QUALIFICATION  OF  ELECTORS, 

SEC.  2.  Every  citizen  of  the  United  States  of  the  age  of  twenty- 
one  years  and  upwards,  who  has  resided  in  the  state  or  territory  one 
year  and  in  the  county  wherein  such  residence  is  located  sixty  days 
next  preceding  any  election,  shall  be  entitled  to  vote  at  such  election, 
except  as  herein  otherwise  provided. 

PRIVILEGED  FROM  ARREST- WHEN. 

SEC.  3.  Electors  shall  in  all  cases  except  treason,  felony  or  breach 
of  the  peace,  be  privileged  from  arrest  on  the  days  of  election  during 
their  attendance  at  elections,  and  going  to  and  returning  therefrom. 

EXEMPTION  FROM  MILITARY  DUTY. 

SEC.  4.  No  elector  shall  be  obliged  to  perform  militia  duty  on 
the  day  of  election,  except  in  time  of  war  or  public  danger. 

MUST  BE  CITIZEN  OF  UNITED  STATES. 

SEC.  5.  No  person  shall  be  deemed  a  qualified  elector  of  this  state, 
unless  such  person  be  a  citizen  of  the  United  States. 

DISQUALIFIED- WHEN. 

SEC.  6.  All  idiots,  insane  persons,  and  persons  convicted  of  in- 
famous crimes,  unless  restored  to  civil  rights,  are  excluded  from  the 
elective  franchise. 

RESIDENCE  NOT  LOST. 

SEC.  7.  No  elector  shall  be  deemed  to  have  lost  his  residence  in 
the  state,  by  reason  of  his  absence  on  business  of  the  United  States,  or 
of  this  state,  or  in  the  military  or  naval  service  of  the  United  States. 

69 


£8  CONSTITUTION— SUFFRAGE  ART.  VI 

SOLDIERS  NOT  RESIDENTS. 

SEC.  8.  No  soldier,  seaman,  or  marine  in  the  army  or  navy  of 
the  United  States  shall  be  deemed  a  resident  of  this  state  in  conse- 
quence of  his  being  stationed  therein. 

EDUCATIONAL  QUALIFICATION. 

SEC.  9.     No  person  shall  have  the  right  to  vote  who  shall  not  be 
able  to  read  the  constitution  of  this  state.     The  provisions  of  this  sec- 
tion shall  not  apply  to  any   person   prevented   by   physical   disability 
from  complying  with  its  requirements. 
Rasmusson  vs.  Baker,  50  Pac.  Rep.  819. 

FIVE  YEAR  LIMIT. 

SEC.  10.  Nothing  herein  contained  shall  be  construed  to  deprive 
any  person  of  the  right  to  vote  who  has  such  riglit  at  the  time  of  the 
adoption  of  this  constitution,  unless  disqualified  by  the  restrictions  of 
section  six  of  this  article.  After  the  expiration  of  five  years  from  the 
time  of  the  adoption  of  this  constitution,  none  but  citizens  of  the 
United  States  shall  have  the  right  to  vote. 

ELECTION-HOW  HELD. 

SEC.  ii.  All  elections  shall  be  by  ballot.  The  legislature  shall 
provide  by  law  that  the  names  of  all  candidates  for  the  same  office,  to 
be  voted  for  at  any  election,  shall  be  printed  on  the  same  ballot,  at 
public  expense,  and  on  election  day  to  be  delivered  to  the  voters  within 
the  polling  place  by  sworn  public  officials,  and  only  such  ballots  so  de- 
livered shall  be  received  and  counted.  But  no  voter  shall  be  deprived 
of  the  privilege  of  writing  upon  the  ballot  used  the  name  of  any  other 
candidate.  All  voters  shall  be  guaranteed  absolute  privacy  in  the 
preparation  of  their  ballots,  and  the  secrecy  of  the  ballot  shall  be  made 
compulsory. 

Slaymaker  vs.  Phillips,  5  Wyo.  462. 

PRIOR  REGISTRATION  REQUIRED. 

SEC.  12.  No  person  qualified  to  be  an  elector  of  the  state  of 
Wyoming,  shall  be  allowed  to  vote  at  any  general  or  special  election 
hereafter  to  be  holden  in  this  state,  until  he  or  she  shall  have  regis- 
tered as  a  voter  according  to  law,  unless  the  failure  to  register  is  caused 
by  sickness  or  absence,  for  which  provision  shall  be  made  by  law.  The 
legislature  of  the  state  shall  enact  such  laws  as  will  carry  into  effect 
the  provisions  of  this  section,  which  enactment  shall  be  subject  to 
amendment,  but  shall  never  be  repealed;  but  this  section  shall  not  ap- 
ply to  the  first  election  held  under  this  constitution. 

ELECTIONS 
PURITY  OF  ELECTION  PROVIDED  FOR. 

SECTION   i .     The  legislature  shall  pass  laws  to  secure  the  purity  of 
elections,  and  guard  against  abuses  of  the  elective  franchise. 
Slaymaker  vs.  Phillips,  5  Wyo.  462. 

CONTESTS-HOW  TRIED. 

SEC.  2.  The  legislature  shall,  by  general  law,  designate  the 
courts  by  which  the  several  classes  of  election  contests  not  otherwise 

70 


ART.  VI  CONSTITUTION— ELECTIONS  £3 

provided  for,  shall  be  tried,  and  regulate  the  manner  of  trial  and  all 
matters  incident  thereto;  but  no  such  law  shall  apply  to  any  contest 
arising  out  of  an  election  held  before  its  passage. 

QUALIFICATIONS  FOR  OFFICE. 

SEC.  3.  No  person  except  a  qualified  elector  shall  be  elected  or 
appointed  to  any  civil  or  military  office  in  the  state. 

OFFICERS  HOLD  OVER- WHEN. 

SEC.  4.  Every  person  holding  any  civil  office  under  the  state  or 
any  municipality  therein  shall,  unless  removed  according  to  law,  exer- 
cise the  duties  of  such  office  until  his  successor  is  duly  qualified,  but 
this  shall  not  apply  to  members  of  the  legislature,  nor  to  members  of 
any  board  of  assembly,  two  or  more  of  whom  are  elected  at  the  same 
time.  The  legislature  may  by  law  provide  for  suspending  any  officer 
in  his  functions,  pending  impeachment  or  prosecution  for  misconduct 
in  office. 

GENERAL  AND  SPECIAL  ELECTIONS. 

SEC.  5.  All  general  elections  for  state  and  county  officers,  for 
members  of  the  house  of  representatives  and  the  senate  of  the  state  of 
Wyoming,  and  representatives  to  the  congress  of  the  United  States, 
shall  be  held  on  the  Tuesday  following  the  first  Monday  in  November 
of  each  even  year.  Special  elections  may  be  held  as  now,  or  as  may 
hereafter  be  provided  by  law.  All  state  and  county  officers  elected  at 
a  general  election  shall  enter  upon  their  respective  duties  on  the  first 
Monday  in  January  next  following  the  date  of  their  election,  or  as 
soon  thereafter  as  may  be  possible. 
In  re  Moore,  4  Wyo.  106. 

OFFICERS  NOT  PROVIDED  FOR. 

SEC.  6.  All  officers,  whose  election  is  not  provided  for  in  this 
constitution,  shall  be  elected  or  appointed  as  may  be  directed  by  law. 

PERSONS  DISQUALIFIED  TO  HOLD  OFFICE. 

SEC.  7.  No  member  of  congress  from  this  state,  nor  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit  under 
the  United  States,  shall  at  the  same  time  hold  or  exercise  any  office  in 
this  state  to'  which  a  salary,  fees  or  perquisites  shall  be  attached.  The 
legislature  may  by  law  declare  what  offices  are  incompatible. 

OATH  OF  OFFICE-FORM  OF. 

SEC.  8.  Senators  and  representatives  and  all  judicial,  state  and 
county  officers  shall,  before  entering  upon  the  duties  of  their  respec- 
tive offices,  take  and  subscribe  the  following  oath  or  affirmation:  "I 
do  solemnly  swrear  (or  affirm)  that  I  will  support,  obey  and  defend  the 
constitution  of  the  United  States,  and  the  constitution  of  this  state, 
and  that  I  will  discharge  the  duties  of  my  office  with  fidelity;  that  I 
have  not  paid  or  contributed,  or  promised  to  pay  or  contribute,  either 
directly  or  indirectly  any  money  or  other  valuable  thing,  to  procure 
my  nomination  or  election  (or  appointment)  except  for  necessary  and 
proper  expenses  expressly  authorized  by  law;  that  I  have  not,  know- 


'fa  CONSTITUTION— ELECTIONS  ART.  VI 

ingly,  violated  any  election  law  of  the  state,  or  procured  it  to  be  done 
by  others  in  my  behalf;  that  I  will  not  knowingly  receive,  directly  or 
indirectly,  any  money  or  other  valuable  thing  for  the  performance  or 
non-performance  of  any  act  or  duty  pertaining  to  my  office,  other  than 
the  compensation  allowed  by  law." 

OATH-HOW  ADMINISTERED, 

SEC.  9.  The  foregoing  oath  shall  be  administered  by  some  per- 
son authorized  to  administer  oaths,  and  in  the  case  of  state  officers  and 
judges  of  the  supreme  court  shall  be  filed  in  the  office  of  the  secretarv 
of  state,  and  in  the  case  of  other  judicial  and  county  officers  in  the  of- 
fice of  the  clerk  of  the  county  in  which  the  same  is  taken;  any  person 
refusing  to  take  said  oath  or  affirmation  shall  forfeit  his  office,  and  any 
person  who  shall  be  convicted  of  having  sworn  or  affirmed  falsel}7  or 
of  having  violated  said  oath  or  affirmation,  shall  be  guilty  of  perjury, 
and  be  forever  disqualified  from  holding  any  office  of  trust  or  profit 
within  this  state.  The  oath  to  members  of  the  senate  and  house  of 
representatives  shall  be  administered  by  one  of  the  judges  of  the  su- 
preme court  or  a  justice  of  the  peace,  in  the  hall  of  the  house  to  which 
the  members  shall  be  elected. 


ARTICLE  XX. 

CONSTITUTIONAL  AMENDMENTS 

PROVISION  FOR. 

SECTION  i.  Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  either  branch  of  the  legislature,  and,  if  the  same 
shall  be  agreed  to  by  two-thirds  of  all  the  members  of  each  of  the  two 
houses,  voting  separately,  such  proposed  amendment  or  amendments 
shall,  with  the  yeas  and  nays  thereon,  be  entered  on  their  journals, 
and  it  shall  be  the  duty  of  the  legislature  to  submit  such  amendment 
or  amendments  to  the  electors  of  the  state  at  the  next  general  election, 
and  cause  the  same  to  be  published  without  delay  for  at  least  twelve 
(12)  consecutive  weeks,  prior  to  said  election,  in  at  least  one  newspa- 
per of  general  circulation,  published  in  each  county,  and  if  a  majority 
of  the  electors  shall  ratify  the  same,  such  amendment  or  amendments 
shall  become  a  part  of  this  constitution. 

HOW  VOTED  FOR. 

SEC.  2.  If  twro  or  more  amendments  are  proposed,  they  shall  be 
submitted  in  such  manner  that  the  electors  shall  vote  for  or  against 
each  of  them  separately. 

CONSTITUTIONAL  CONVENTION- PRO  VISION  FOR. 

SEC.  3.  Whenever  two- thirds  of  the  members  elected  to  each 
branch  of  the  legislature  shall  deem  it  necessary  to  call  a  convention 
to  revise  or  amend  this  constitution,  they  shall  recommend  to  the  elec- 
tors to  vote  at  the  next  general  election  for  or  against  a  convention, 
and  if  a  majority  of  all  the  electors  voting  at  such  election  shall  have 

72 


ART.   XX.  CONSTITUTIONAL  AMENDMENTS  £2 

voted  for  a  convention,  the  legislature  shall  at  the  next  session  provide 
by  law  for  calling  the  same;  and  such  convention  shall  consist  of  a 
number  of  members,  not  less  than  double  that  of  the  most  numerous 
branch  of  the  legislature. 

COURT  HOUSE  BONDS-SPECIAL  ELECTION  FOR. 

SEC.  2.  The  board  of  the  count)"  commissioners  of  any  county 
may,  at  any  time,  whenever  a  majority  thereof  so  decide,  submit  to 
the  electors  of  the  county,  the  question  of  whether  the  board  of  the 
county  commissioners  shall  be  authorized  to  issue  the  registered  coupon 
bonds  of  the  county  to  a  certain  amount  which,  together  with  the  ex- 
isting indebtedness  of  such  county  shall  not  exceed  two  per  centum  of 
the  taxable  property  in  said  county  as  shown  by  the  last  general  assess- 
ment preceding,  and  bearing  a  certain  rate  of  interest,  not  exceeding 
six  per  cent  per  annum,  and  to  be  issued,  payable  and  redeemable  in 
the  manner  hereafter  provided,  for  the  purpose  of  providing  means  for 
the  construction  of  a  court  house  and  jail,  or  either,  for  purchasing  a 
site  therefor,  and  for  the  necessary  furnishings  and  equipment  of  the 
same. 

[Chap.  76,  Laws  1903,  Sec.  2.] 

MAY  BE  VOTED  ON  AT  GENERAL  OR  SPECIAL  ELECTION. 

SEC.  3.  The  proposition  to  create  such  debt  may  be  submitted 
to  a  vote  of  the  people  of  such  county  at  any  general  election  held 
therein,  or  at  any  special  election  which  may  be  called  for  the  purpose 
of  voting  upon  such  proposition. 

[Chap.  76.  J^aws  1903,  Sec.  3.] 

SPECIAL  ELECTION  -  CONDUCTED  HOW  -  MAJORITY  VOTE  NECES- 
SARY. 

SEC.  4.  Such  special  election  shall  be  conducted  and  the  results 
thereof  canvassed  and  certified,  in  all  respects  as  near  as  practicable, 
in  the  same  manner  as  in  general  elections,  and  a  majority  of  the  votes 
cast  at  any  election  upon  such  proposition,  shall  be  deemed  to  consti- 
tute the  approval  or  disapproval  of  the  people  of  such  county,  as  such 
majority  may  appear  to  be  for  or  against  the  authority  to  create  such 
indebtedness. 

[Chap.  76,  Laws  1903,  Sec.  4.] 


73 


INDEX 


Index  to  Election  Laws 


Reference  is  to  Sections,  Unless  Page  is  Given. 

AMENDMENT  OF  CONSTITUTION— 

How  accomplished (  Page  72 ) 

How  voted  for f  Page  72) 

ELECTIONS- 

Abstracts — Must  be  certified  by  county  clerk  to  secretary  of  state 349 

Of  returns — When  and  by  whom  made 347 

Amendment  of  constitution — How  determined (  Pages  61-62  )  2704,  2705 

Application  of  election  laws— To  all  precincts 375 

To  conventions  and  primaries 220 

To  municipal  elections 387 

To  special  elections 2 1 8 

Assessors — Now  appointed  by  county  commissioners,  Laws  1903. 

Ballot — Cast  how 339 

Canvass  of 340 

Fvndorsed  ballots  only  can  be  cast 334 

Furnished  by  county  clerk — Number 292,  293 

How  counted '. . 341 

Invalid — When 279 

Lost  ballots  How  replaced 296 

Must  be  cast  in  presence  of  all  the  judges 279 

Must  be  endorsed  336 

Must  not  be  marked  for  identification 336 

Number  elector  may  have 332 

Official  ballots  shall  not  be  removed  from  polling  place 333 

Only  official  to  be  cast 292 

Preparation  of  by  elector 337 

Preservation  of  at  primary  and  convention 224 

Preservation  of  those  cast 344 

Printed  at  public  expense 2S6,  287 

Sample  may  be  used — How 33-S 

Shall  state  proposition  submitted  to  voters 288 

Spoiled  to  be  returned  by  elector 332 

Spoiled  to  be  returned  by  judge 335 

Time  of  printing. 294 

To  be  prepared  by  county  clerk 288 

What  it  shall  contain -'^s» 

What  may  be  counted 34' 

When  to  be  taken  in  convention  or  primary 222 

II 


INDRX  TO  ELECTION  LAWS 

ELECTIONS— Continued 

Hallot  box — Custc  dy  of 315 

How  constructed 300 

Inspection  of  before  election 315 

May  be  canvas  pouch — When 300 

Protection  of 299 

Booths — Furnished  by  sheriff 299 

Not  necessary — When 316 

Number  in  each  precinct 307 

What  it  may  and  may  not  contain 301,  318 

Who  may  occupy 331 

Candidates — May  inspect  ballots 294 

Canvassing  boards — 

County  board — Constituted  how 347 

Meets — When 347 

Shall  count  all  returns 348 

Shall  count  votes  of  absent  voters ( Page  68 ) 

State  board     Constituted — How 351 

Meets  —When , 351 

Shall  certify  result  to  secretary  of  state 351 

( 'anvass  of  ballots — Conducted  how 340 

When  to  begin 340 

Certificate — Form  of  on  election  returns , 342 

Of  election  -  By  whom  marie — When 347,  35 1 

Of  ballots  cast — To  be  made  by  clerk  of  election 342 

( )f  nomination — Filed  where 232 

Must  be  preserved  one  year 231 

Must  be  verified 230 

Time  for  filing 233 

To  fill  vacancy  in  former  nominations 237 

What  to  contain 227 

Challenge — Challenged  elector's  oath  and  identification 322,  323 

Challenged  electors  voting  must  be  designated  on  poll  list 324 

Of  elector  voting  when  prior  registration  is  not  required 273 

Officers  of  election  shall 325 

( )f  person  applying  to  register 261 

Of  registered  voter 266 

( )f  voter  at  primaries 223 

Who  may  challenge 263 

Challengers — Allowed  in  polling  place     Two 310 

Qualifications  of 310 

Who  may  be , 325 

Clerks— Appointed  by  whom 278 

Duties 285 

In  precincts  where  prior  registration  is  not  required  shall  register 

voters 267 

( )ath  of 282 

Pay 283 

To  certify  list  of  voters  and  ballots  cast 342 

III 


INDEX  TO  ELECTION  LAWS 

ELECTIONS—  Continued 

Constables — Pay 283 

Powers     314 

Constitutional  Amendments  (See  amendments) 
Constitutional  convention — 

Provision  for ( Page  72 ) 

Contests — Depositions — How  certified  and  transmitted 358 

Evidence — How  taken     .  364 

Production  of 357 

Judgment  of  court— What  it  shall  be    367 

Appeal  from  may  be  taken 374 

Effect  of 372 

Notice  of — Contest  of  legislator 355 

Contest  of  legislator  -  Given  to  whom     355 

Taking  depositions  in  legislative  contest 356 

Of  county  and  precinct  officers  determined  by  district  court 353 

Of  county  seats  determined  by  district  court 353 

Of  members  of  legislature  determined  by  legislature 352 

Of  questions  submitted  to  voters  determined  by  district  court ....  353 

Petition  for  contest  of  election  —Time  of  filing 362 

Procedure  in  contest  of  question  submitted  to  electors  at  elections  365 

Service  upon  contestee 355 ,  363 

Who  may  contest  election  of  county  or  other  officer 361 

Who  may  contest  election  of  legislator 354 

Who  may  contest  question  submitted  to  electors  at  elections.  .  .  .  365 

Who  may  defend  contest 366 

Witnesses 357 

Convention  and  primary  (See  nominations.) 

Ballots  to  be  preserved — When 224 

Ballot-   When  to  be  taken 222 

Challenge  of  votes 223 

How  called 220,  221 

How  organized 221 

Defined 219 

Nominations  to  office  may  be  made 226 

Regulations  may  be  adopted 225 

County  clerk — 

Duty — Certify  abstract  to  secretary  of  state  —When     349 

Correct  errors  in  ballot 294 

Deliver  supplies — How— At  public  expense '. 287,  291 

Furnish  ballots-  Number  of 292,  293 

Furnish  city  clerks  list  of  voters 383,  398 

Furnish  election  supplies 207 

Furnish  supplies  to  judges  of  election  for  registration  of  voters  271 

Give  election  officer  certificate  for  his  pay. 284 

Give  notice  of  appointment  to  judge  of  election   275 

Make  abstract  of  returns .  : 347 

Make  certificates  of  election— When  and  to  whom 347 

Notify  governor  of  vacancy  in  office  of  member  of  legistature.  .  212 

IV 


, 


INDEX  TO  ELECTION  LAWS 

ELECTIONS—  Continued 

County  clerk.   (Continued.) 

Post  list  of  electors  in  city  election 397 

Prepare  ballot 288 

Preserve  certificates  of  nomination  one  year 231 

Preserve  election  returns 268 

Publish  all  proceedings  had  under  election  law 382 

Publish  list  of  nominations .  243 

Replace  lost  ballots 296 

Send  messenger  for  returns-  When 346 

What  he  shall  supply  for  election  officers 290 

Count}'  commissioners     Appoint  judges  of  election   -When ....  275 

Appoint  registry  agents — When 249 

Decide  who  elected  in  case  of  tie  vote 369 

Distribute  election  laws 385 

Duty  regarding  ballot  box  or  pouch 300 

Duty  in  regard  to  ballot  box 300 

Duty  in  regard  to  special  elections  for  court  house  bonds ( Page  73) 

Elected— When ( Page  60)   1056 

Establish  polling  precincts 245 

Furnish  supplies  to  registry  agents 251 

Lay  out  election  districts  — How     W7hen 244 

Make  proclamations  for  general  elections 204 

Make  provision  for  special  elections 214 

May  change  polling  precincts 247 

Must  notify  registry*  agents  of  municipal  elections  to  be  held   391 

Notify  judges  of  election  of  each  election  taking  place 297 

Order  for  special  election  shall  contain     What 216 

Order  special  election  for  county  officers 215 

Post  registration  list  in  each  polling  place 258 

Publish  proclamation  for  election    ...    205 

Shall  publish  all  proceedings  had  under  election  law 382 

Count}T  officers — When  elected 202 

Court  house  bonds-  Special  election  for ....    (  Page  73 ) 

Disqualification— For  holding  office 379 

For  voting 379 

Election  districts  -  How— When  —  By  whom  laid  out ....  244 

Electors.   (See  Elections— Constitution. ) 

Absent  from  home  precinct  may  vote ( Page  66) 

Aids  to  in  voting 321,  338 

Arrest — Privileged  from 309 

Asking  assistance  may  be  sworn  as  to  disability .  329 

Assistance  given  to  in  voting — By  whom 328 

Assistance  given  to — When 328 

Can  cast  only  endorsed  official  ballot 334 

Can  not  have  more  than  three  ballots 332 

Can  not  take  ballot  from  polls 333 

Cast  his  ballot — How 339 

Challenged  elector  voting  must  be  designated  on  poll  list 324 


INDEX  TO  ELECTION  LAWS 

ELECTIONS-  Continued 

Electors.  (Continued.) 

Disqualification  of 379 

May  have  ballot  corrected — How 295 

May  vote  for  anyone 321 

Must  not  mark  ballot  for  identification 336 

Not  registered  may  vote — When 327 

Oath  of  when  applying  to  register 255 

Oath  of — When  challenged 322 

Poll  tax — Payment  of  not  necessary 3X7 

Preparation  of  ballot  by 337 

Qualifications  of 203 

Electors — Qualifications  of  Constitutional  provision ( Page  69 ) 

Qualifications  of  electors (  Page  69 ) 

Shall  be  registered .  ...  262 

Shall  not  be  disturbed 330 

Spoiled  ballot  must  be  returned 332 

What  he  may  and  may  not  do  in   voting 319 

Where  must  vote 388 

Where  must  vote  in  city  election    402 

Who  may  vote  at  special  election 2 1 S 

Who  may  vote — Those  registered  only 26.5 

Errors  in  Ballot — How  corrected  and  by  whom. 294,  295 

For  successor  to  governor — When  held  ( Page  58)  52 

How  conducted  (  Page  58;  52 

General  elections — County  officers  elected — When  .    202 

Justices  of  supreme  court — Elected  when  200 

Members  of  legislature  elected — When 197 

Proclamation  for  by  county  commissioners 204 

Proclamation  to  be  published — By  whom 205 

Representative  in  congress  elected —  When 1 97 

Secretary  of  state  to  notify  county  commissioners  what  officers  are 

to  be  elected 206 

State  offcers    1 98 

Supplies  to  be  furnished  by  county  clerks 207 

Time 1 95 

W7hat  officers  to  be  elected  at 1 95 

Wlio  may  vote  at 203,  265 

Vacancies — What  rilled  at  general  elections 199 

Governor — Call  special  election  on  questions  to  be  submitted  to  people  213 
Call  special  election  to  fill  vacancy  in  office  of  members  of  legisla- 
ture    212 

Give  certificates  of  election  to  whom — When 351 

Successor— When  and  how  elected    (  Page  58)  52 

Informalities — Do  not  invalidate  election  345 

Instruction  —Cards  of — In  booths 318 

Judges  of  election — Appointed    when — By  whom 275,  277 

Are  ex-officio  registry  agents  —When — Duties  as  such 271 

Canvass  of  ballots — How  conducted 340 

VI 


INDEX  TO  ELECTION   LAWS 

ELECTIONS—  Continued 

Judges  of  election.   (Continued.) 

Canvass  of  ballots — No  adjournment          340 

Care  of  ballot  box  and  booths 300,  301 

Count  ballots—How 341 

Deliver  election  returns  -To  whom 343 

Duties 285 

Give  notice  of  change  of  polling  place 304 

In  case  of  lost  ballots-  Shall  do  what 296 

May  count  what  ballots 341 

Notify  commissioners  of  inability  to  serve 298 

Oath  of 280 

Oath  of     How  administered 281 

Pay 283 

Preserve  ballots  cast— How 344 

Proceedings  of  judges  in  valid- -When 279 

yualifications  of 276 

Return  of  spoiled  ballots • 335 

vShall  designate  judge  to  deliver  ballots  to  electors 336 

Shall  endorse  ballots  given  to  electors 336 

Shall  keep  register  of  election— When— How 272 

Sign  returns  of  election 342 

Term 277 

Vacancies  —  How  tilled 279 

When  registry  list  not  received—  Duty 317 

Laws— To  be  printed 384 

Messenger  for  returns  —Pay  of 346,  350 

Municipal  -Application  of  general  election  law -387,  406 

City  to  pay  registry  agents— Judges  and  clerks 403,  405 

County  clerk — Duty  of.   (See  County  Clerk.) 

Duty  of  city  clerk     397,  400 

Expense     By  whom  paid    399 

In  cities  of  10,000 (See  pages  62-65) 

In  cities  of  1,000  to  3,500    (See  pages  65-66) 

Judges  and  clerks — Appointment  of 404 

Mayor  and  councilmen— Terms  of (See  pages  65-66 ) 

Meaning  of  term  "municipal" 386 

Notice  to  county  commissioners  required 391 

Proclamation  for    389 

Registry  agents.     (See  Registry  agents.) 

Where  elector  entitled  to  vote 402 

Who  entitled  to  vote  in 401 

Who  may  vote  at  special  elections 218 

Nominations — 

Certificate  of — Filed  where 232 

Must  be  verified  230 

.     What  to  contain 227 

To  contain  name  of  but  one  candidate 229 

To  fill  vacancy  in  former  nomination — How  made 237 

VII 


INDEX  TO  ELECTION  LAWS 

ELECTIONS—  Continued 

Nominations.  (Continued.) 

Declination  of — How  made 234 

May  be  made  by  convention  or  primary 226 

May  be  made  outside  of  convention 228 

Person  can  accept  but  one  nomination 229 

Person  receiving  more  than  one  must  accept  one — When 229 

Publication  of  by  county  clerks 243 

Time  for  filing  certificates  of 233 

Vacancies— How  filled 235,  236 

When  two  or  more  nominations — First  deemed  accepted 229 

Notice  of — Appointment  of  judges  of  election 275 

Contest  to  legislature  by  secretary  of  state 359 

Legislative  contest  required 355 

Municipal  election  must  be  given  to  commissioners 391 

Question  to  be  submitted  to  voters 241 

Taking  depositions  in  legislative  contest 356 

Oath — Identification  of  challenged  elector -.  323 

Of  challenged  elector 322 

Of  clerks  of  election 282 

Of  elector  absent  from  home  precinct ( Page  67  ) 

Of  judges  of  election 280 

Of  judges  of  election — How  administered 281 

Of  persons  applying  to  register 255 

Of  person  challenged  at  registration 263 

Of  registry  agents 250 

To  comply  with  religious  belief 376 

Who  may  administer  oath  to  challenged  voter 326 

Who  may  administer  oath  to  voter  absent  from  home  precinct  (Page  67) 

Office — Disqualifications    379 

Qualifications 377 

Officers — Election  of  in  new  county — When  held (PftRe  60)  1008 

Election  officers'  duties 202 

Resignation  of — To  whom  given         380 

State  and  county — When  elected 195 

Penalties — Ballots — Forgery  of 414 

Certificates  of  nomination — False 414 

Electioneering k  416 

Election  officers  doing  prohibited  act 408 

Election  officers  failing  to  do  duty 407 

False  registration 412 

False  swearing 410,  417 

Interfering  with  election  conveniences 415 

Interfering  with  electors 415 

Misconduct  of  officers  of  primary 420 

Mutilating  registry  and  poll  books 409,  413 

Registration  officers 411 

Unlawful  voting  at  primary 419 

Use  of  intoxicants  by  election  officers 418 

VIII 


INDEX  TO  ELECTION  LAWS 

ELECTIONS—  Continued 

Polling  place     Approach  and  departure  from 308 

Change,  of 303 

Change  of  polling  place — Notice  necessary 3<>4 

Expense  of     A  public  charge 306 

Order  at  must  be  good 313 

Proclamation  of  opening  and  closing 312 

Public  buildings  may  be  used 306 

Shall  not  be  near  saloon 302 

vSpace  around 305 

Time  kept  open " 311 

Who  allowed  within  rail 330 

Polling  precincts — Change  of    247 

Established     By  whom 245 

Failure  to  hold  election  in  does  not  invalidate  election 345 

In  municipal  elections 389 

Rules  for  establishment  of 246 

Size  of   248 

Poll  list  -How  kept. 320 

Must  show  challenges 324 

Presidential  electors — Certificate  of  election  to  be  served  upon  them — 

When ( Page  59 )  166 

Compensation ( Page  60 )  169 

Convene — When  and  where (Page  59)  ]6~ 

Elected— When ( Page  59,  Sec.  165 )     196 

Shall  cast  vote — When  and  where   (Page  60)  168 

Vacancy — How  filled ( Page  59)  167 

Primary  defined 219 

Proclamation — By  county  commissioners  for  elections 204 

Opening  and  closing  polls 312 

Qualification  necessary — To  hold  office 377,  378 

Register  of  election — How  kept 272 

Registration — Hours  for 256 

Of  electors — How  made ^. 253 

Prior  to  election,  required 249 

Public   260 

Required  prior  to  voting 274 

Who  must  register 254 

Registry  agents  -File  original  registry  list  with  county  clerk— When.  .  258 

Furnish  certificate  to  absent  voter (  Page  67 ) 

(Vive  certified  registry  lists  to  judges  of  election 264 

Hours  of  registration    256 

Judges  of  election  are  ex-officio 271 

Keep  copies  of  registry  list 258 

Make  copies  of  registry  list    257 

Meetings  of     Time  and  hours  for  holding 252,  259 

Meet  to  complete  registration  lists — When 259 

Municipal  election —Duty  in 392,  394 

Certify  list — To  whom 396 

Length  of  meetings 395 

IX 


INDEX  TO  ELECTION   LAWS 

ELECTIONS— Continued 

Registry  agents.   (Continued. ) 

Post  list  of  electors 394 

Shall  meet— When ^9- 

Must  register — Whom 254,  262 

Oath  of 250 

Pay  0^ 269 

Power  of 270 

Shall  post  notice  of  meetings — When    252 

Term  of  office 249 

Vacancies  -  How  filled 270 

When  appointed .  .    .  .    249 

Who  may  be 249 

Registry  lists     Certified  copies  to  be  given  to  judges  of  election 264 

Completion  of 259 

Copies  to  be  made 257 

Correction  of 260,  261 

Disposition  of 258 

Duty  of  judges  when  list  not  received 317 

How  made .    ...    253 

Judges  of  election  shall  return  list  to  county  clerk — When 26S 

Representative  in  congress — When  elected . .    1 97 

Special  election  to  fill  vacancy 210 

Resignations  —Of  officers — To  whom  made 380 

Returns — Abstracts  of  to  be  made  when  and  by  whom 347 

Delivery  to— By  whom 343 

Form  of 342 

Informality  of  delivery  does  not  invalidate  vote 345 

Messenger  to  be  sent  for — When 346,  350 

What  shall  be  counted 348 

Saloons  shall  be  closed  on  election  day (Page  61  )  2643 

Secretary  of  state  shall  certify  nominations  to  county  clerks 242 

Shall  certify  substituted  nominees 238 

Shall  certify  questions  submitted  to  voters  to  county  clerks 241 

Shall  certify  nominations  to  county  clerks 242 

Shall  give  notice  to  county  commissioners  of  vacancy  in  office  of 

member  of  congress 211 

Must  give  notice  to  county  commissioners  what  officers  are  to  be 

elected 206 

Shall  print  election  laws — When — And  distribute  384 

Must  send  messenger  for  returns— When  350 

Sheriffs — Furnish  voting  booths 299 

vSoldiers  can  not  acquire  residence.  (Constitution,  Sec.  8,  page  70. ) 

Special — Called  by  whom,  and  when 212,  213,  215 

For  members  of  congress  to  fill  vacancy  .    210 

For  member  of  legislature  to  fill  Vacancy 212 

How  conducted 208 

Order  for — Shall  contain  what 216 

When  held 209 

X 


INDEX  TO  ELECTION   LAWS 

ELECTIONS—  Continued 

Special.   (Continued.) 

Who  may  vote 2 1 S 

Stickers — Defined 240 

To  fill  vacancy  after  ticket  is  printed 239 

Suffrage — 

Constitutional  provisions ( Page  69) 

Supplies — For  election — What  and  by  whom  furnished 207,  290 

For  registration — What  and  by  whom  furnished 251 

How  delivered '.  . .  291 

Tie  vote — Duty  of  court  in  case  of 37 1 

Effect  of 368 

Procedure  in  case  of — For  city  officer ( Page  61 )  1681 

Procedure  in  case  of — For  county  officer 369 

Procedure  in  case  of — Pxor  state  officer 370 

Time — Allowed  to  elector  in  which  to  vote 331 

For  appointing  registry  agents 249 

For  canvassing  returns 347>  35 1 

For  commencement  of  election  contest 355,  362 

For  filing  certificates  of  nomination 233 

For  filing  certificates  of  nomination  by  secretary  of  state 242 

For  filing  declination  of  nomination 234 

For  keeping  polling  place  open 311 

For  laying  out  election  districts 244 

For  printing  ballots 294 

For  publication  of  nominations  for  office 243 

Holding  of  general  election 195 

Limit  for  call  of  special  election 216 

Vacancies — After  ticket  printed — How  filled 239 

Determined  by  whom 217 

In  elective  office — How  made 381 

In  nominations — How  filled 235,  236 

In  office  of  judge  of  election — How  filled 279 

Of  office  of  registry  agents— How  filled 270 

What  filled  at  general  election 199 

What  filled  at  special  election 209 

Void     Election  void — When .' 373 

Voting— Aids  to  voter — What  may  be  used 321 

Cards  of  instruction  for  voting 318 

When  elector  not  registered — How  he  may 327 

When  elector  absent  from  home  precinct — How  he  may (I>aKe  66) 

Woman  suffrage 378 

LAWS  OF  J905  Page 

Amendment  of  Sections  2  and  3,  Ch.  69,  S.  I/,  of  1901   65 

Councilmen — Terms  of — City  of  10,000 65 

Terms  of— City  of  r  ,000  to  3,500 .% 66 

Salaries  of — City  of  r ,000  to  3,500 66 

Electors — Absent  from  home  precinct  may  vote  anywhere  in  state — How 66 

Mayor — Term  of — City  of  10,000 65 

XI 


INDEX  TO  ELECTION   LAWS 

LAWS  OF  1905—  Continued 
Mayor.   (Continued.) 

Term  of— City  of  i  ,IK>O  to  3,500  66 

Salary  of — City  of  i  ,000  to  3,500 66 

CONSTITUTIONAL  PROVISIONS 

Sec.     Art.     Page 

Arrest — 

Electors  privileged  from — When — Constitution 3         VI.         69 

Contests — 

Provision  for  trial 2         V 1 .         70 

Electors- 
Constitutional  qualifications  of  Sections  2,  5,  6,  9  and 10         VI.    69-70 

Exempt  from  arrest— When 3         VI.         69 

Exempt  from  military  service — When 4         VI.         69 

Residence  not  lost— When 7         VI.         69 

Soldiers  and  seamen  are  not 8         VI .         70 

Equal  rights I                       69 

General  elections — When  held 5         VI.         71 

Ballot  at ii         VI .         7° 

Open,  free  and  equal 27            I.         69 

Purity  of  provided  for i         VI.         70 

Qualifications  for  office 3         VI .         71 

Registration  required  prior  to  voting 12         VI.         70 

Voting  at 1 1         VI.         7^ 

Special  elections— When  held 5         VI.         71 

Officers- 
Hold  over-  When 4         VI .         ~i 

Not  provided  for  in  constitution — How  provided  for 6         VI.         71 

Oath  of — Form  of 71 

Oath  of — How  administered 9         VI .         72 

Qualification  of 3                      7 [ 

Terms  begin— When 5         VI.         7' 

Residence — 

Electors— When  not  lost 7         VI .         69 

Not  acquired  by  -soldiers  and  seamen VI.         70 

Rights- 
Equal  in  elections i                       69 

Soldier — 

Residence  can  not  be  acquired VI.         70 


XII 


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